Archive | Takings Clause

Damage resulting from a police action is not a taking

A takings claim was recently denied by the United States Court of Appeals, Tenth Circuit in Lech v Jackson, 2019 U.S. App. LEXIS 32393 [10th Cir Oct. 29, 2019, No. 18-1051]. The claim was made following the destruction of a house resulting from a high-stakes police action to apprehend a criminal suspect who attempted to evade capture by hiding out in a home. The court wrote that where the state acts pursuant to its police power, its actions do not constitute a taking for the purpose of the Taking Clause… read more

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The Supreme Court of Iowa ruled on May 31, 2019 that the Dakota Access Pipeline is a valid use of eminent domain in the State of Iowa. The Dakota Access Pipeline is set to be one of the largest pipelines in North America, running from North Dakota through South Dakota and Iowa to reach a refinery in Illinois.  The pipeline has been subject to a significant amount of controversy for its size and environmental impact as well as its location running through Indian Reservations. The current case was brought by… read more

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