Leo Lech, et al. v. Chief John A. Jackson, et al.
DueProcess Takings FifthAmendment JusticiabilityDoctri
Whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power?
QUESTION PRESENTED Using explosives and a battering ram attached to an armored personnel carrier, the Greenwood Village Police Department intentionally destroyed Petitioners’ house. Afterwards, they offered the family $5,000 “to help with temporary living expenses.” The family sued, arguing that they were entitled to Just Compensation under the Fifth Amendment for the intentional destruction of their house. The Tenth Circuit, however, held that no compensation was due because the home was destroyed pursuant to the police power rather than the power of eminent domain. The question presented is whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power.