CA10: Destruction of innocent homeowner’s property by police was not a taking

The Tenth Circuit’s non-precedential opinion in Lech v. Jackson (by Judge Nancy Moritz) has attracted national attention due to the obvious unfairness of the result — city police destroy a home to arrest an armed criminal who barricaded himself there, but this was an exercise of the city’s police power, not a taking, and therefore no compensation is due to the innocent homeowner.

Robert H. Thomas has some good commentary about this decision here.

You can listen to the oral argument in this case here.

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