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Woman Wins The Rare Case Involving Law Enforcement And Damage To Her Home

On Behalf of | Jun 28, 2022 | Legal News Links

You can find the article here.

“The Supreme Court has stated that a taking, within the meaning of the Takings Clause, includes any action the effect of which is to deprive the owner of all or most of his or her interest in the subject matter, such as destroying or damaging it….

[E]ven a minimal “permanent physical occupation of real property” requires compensation under the Takings Clause. Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 427, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982). “When the government physically acquires private property for a public use, the Takings Clause imposes a clear and categorical obligation to provide the owner with just compensation.” Cedar Point, 141 S. Ct. at 2071…. Examples of physical takings include formally condemning a property through the power of eminent domain, taking possession of property without acquiring title, or even by recurrent flooding as a result of building a dam…..These sorts of physical appropriations constitute the “clearest sort of taking…””