Yesterday, a federal court jury awarded Vicki Baker $59,656 in takings compensation because her house was severely damaged by a police SWAT team trying to apprehend a fugitive who had holed up inside. The April 29 federal district court ruling in Baker v. City of McKinney that made the jury verdict possible is potentially more significant than the verdict itself. I think the decision is correct. But it is at odds with several previous federal court decisions (in other circuits), which have held that property owners are not entitled to "just compensation" under the Takings Clause of the Fifth Amendment when police damage or destroy property in the course of law enforcement operations.
