What is the state's right to seize a person's license?

California, United States of America


The following excerpt is from Business Title Corp. v. Division of Labor Law Enforcement, 132 Cal.Rptr. 454, 17 Cal.3d 878 (Cal. 1976):

The rule was well-stated in United States v. State of California (9th Cir. 1960) 281 F.2d 726, 728: 'Here the license existed because the state had issued it. If the licensee acquired something of value, it was because the state had bestowed it upon him. Whatever value the license, as property, may have had to a purchaser depended upon its transferability. If it was transferable, it was because the state had made it so. If the state had seen fit to impose conditions upon issuance or upon transfer of property it has wholly created, that is the state's prerogative so long as its demands are not arbitrary or discriminatory. The federal government has no power to command the state in this area. It has no power to direct that property be created by the state for purpose of federal seizure.

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