Listen "Is There a "Police Power" Exception to the Fifth Amendment's Just Compensation Clause?"
Episode Synopsis
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 InstituteModerator: Jeffrey Redfern, Attorney, Institute for Justice Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
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