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FedSoc Forums - Is There a "Police Power" Exception to the Fifth Amendment's Just Compensation Clause?

Is There a "Police Power" Exception to the Fifth Amendment's Just Compensation Clause?

FedSoc Forums

05/12/20 • 47 min

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Police in Greenwood Village, CO, chased a shoplifting suspect into a home belonging to Leo Lech and his family. When the suspect took a shot at the police, they responded by using an armored vehicle to tear gaping holes in the side of the house and launching "gas munitions" into the interior, effectively destroying the home. The Lech family sought compensation, but the Tenth Circuit rejected their claim on the grounds that the Fifth Amendment's just compensation requirement contains a categorical exception for law enforcement. Was that decision correct, and either way, should the Supreme Court grant cert and reconsider whether owners are entitled to compensation when their property is damaged or destroyed in police operations?
Featuring:
Clark Neily, Vice President for Criminal Justice, Cato Institute
Moderator: Jeffrey Redfern, Attorney, Institute for Justice
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05/12/20 • 47 min

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