Here’s one from the U.S. Court of Appeals for the Eleventh Circuit joining the growing number of cases holding that government cannot satisfy due process with gestures that look like notice, but aren’t reasonably calculated to actually notify anyone. In Warner v. Hillsborough County Clerk of Courts, No. 24-10748 (Aug. 17, 2026), the court concluded that although the ordinance which deems abandoned property forfeited if the government provides notice isn’t facially unconstitutional, the Clerk nonetheless failed to take step reasonably calculated to provide actual notice (the notices were published in a limited-circulation Spanish language newspaper), and thus any claim by the government to funds on deposit (but apparently abandoned) would be a taking.
Continue Reading CA11: County Can’t Treat Court Registry Funds As “Abandoned” Property When It Knows Notice Never Reached Owner