Two U.S. Supreme Court justices on Monday sent strong signals to property rights advocates that they are prepared to examine the constitutionality of state unclaimed-property laws and so-called inclusionary housing ordinances.
Although Justices Clarence Thomas and Samuel Alito Jr. agreed with the high court’s denial of review in Taylor v. Yee and California Building Industry Association v. City of San Jose, they wrote separately—Alito in Yee and Thomas in San Jose—to raise due process and takings concerns.
