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Judge Sharply Criticizes Delaware Abandoned Property Practices

Don Rush

DOVER, Del. (AP) - A federal judge has blasted Delaware's practice of collecting abandoned property in a ruling in a lawsuit filed by a subsidiary of Memphis-based International Paper.

In a ruling issued Tuesday, U.S. District Court Judge Gregory Sleet said Delaware's abandoned property, or escheat, practices violate due process and amount to a game of "gotcha" that "shocks the conscience."

The ruling came in a lawsuit in which packaging company Temple-Inland Inc. challenged Delaware's claim to almost $1.4 million in purported uncashed accounts payable and payroll checks.

Abandoned property is a critical source of funding for Delaware's government, amounting to about half a billion dollars annually and representing the state's third-largest revenue category.

State Finance Secretary Tom Cook did not immediately return a cell phone message seeking comment Tuesday evening.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.