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 of the Fifth Amendment. The court concluded that the damage resulted from the exercise of the police power. It did not matter that the property owner was innocent and had no involvement in the criminal activity.

Posted in Takings Clause
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