Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses
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By Jacob Sullum
Published on April 8, 2026.
In 2022, police in South Bend, Indiana, mistakenly caused extensive damage to Amy Hadley's home and Carlos Pena's print shop in Los Angeles due to mistaken thinking that a fugitive was inside the house. The only person in the house was Hadley’s 15-year-old son, who was not there and never had been. The police officers ransacked the house, which was only partially covered by insurance, and local officials refused to pay the difference. Despite these incidents, both Hadley and Pena are asking the Supreme Court to recognize the "just compensation" that the Fifth Amendment requires when property is taken for public use. The Institute for Justice, the lawyers representing both these individuals, argue that such exceptions are not supported by the Takings Clause, which requires compensation precisely when property taken "for public use" and does not apply to property damage necessary for public safety.
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