An armed shoplifting suspect in Colorado barricaded himself in a stranger's suburban Denver home in June 2015. In an attempt to force the suspect out, law enforcement blew up walls with explosives, fired tear gas and drove a military-style armored vehicle through the property's doors.
After an hours-long siege, the home was left with shredded walls and blown-out windows. In some parts of the interior, the wood framing was exposed amid a mountain of debris.
A federal appeals court in Denver ruled this week that the homeowner, who had no connection to the suspect, isn't entitled to be compensated, because the police were acting to preserve the safety of the public.
"Under no circumstances in this country should the government be able to blow up your house and render a family homeless," Leo Lech, the house's owner, told NPR. "This family was thrown out into the street without any recourse."
Lawyers for Lech argued that the police's destruction of his home was a violation of the Constitution's Takings Clause, which says private property cannot be taken for public use without "just compensation." But the problem with that argument, the appeals court ruled, is that courts have long held that police cannot be on the hook for property damage caused in the process of trying to make an arrest.
"As unfair as it may seem, the Takings Clause simply does not entitle all aggrieved owners to recompense," the appeals court wrote...........https://www.npr.org/2019/10/30/774788611/police-owe-nothing-to-man-whose-home-they-blew-up-appeals-court-says
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