Editing Distraint (section)

===United States===
Distraint was adopted into the United States common law from England, and it has recently been challenged as a possible violation of due process rights under the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]].<ref>Korngold, G.  ''Can Distraint Stand Up as a Landlord's Remedy?'' 5 Real Est. L.J. 242 (1977)</ref> In decisions like ''Luria Bros. and Co. v. Allen'', 672 F.2d 347 (3d Cir. 1982), however, the courts have upheld the rule because, as a landlord's self-help remedy, distraint involves no state action and thus cannot violate due process rights.<ref>Casner, A.J. et al., ''Cases and Text on Property, Fifth Edition.'' Aspen Publishers, New York: NY, p. 526</ref> In the case of distraint by the federal government for collection of taxes, the power of administrative levy by distraint dates back to the year 1791, according to the U.S. Supreme Court.<ref>Act of March 3, 1791, Ch. 15, § 23, {{USStat|1|199}}, 204, as cited in ''Phillips v. Commissioner'', 283 U.S. 589, 595, n. 5 (1931), at [https://scholar.google.com/scholar_case?case=9716884554818037602&q=%22283+U.S.+589%22&hl=en&as_sdt=3,44], providing for "levy by distress and sale".</ref>