Takings

Billy Binion | 12.29.2025 5:37 PM

The Takings Clause of the 5th Amendment "was designed to bar Government from forcing some people alone to bear public burdens," the Supreme Court said in Armstrong v. United States, "which, in all fairness and justice, should be borne by the public as a whole." That was just over 65 years ago.

It is, unfortunately, not living up to that promise.

For the latest example, we can look to the U.S. Court of Appeals for the 9th Circuit, which ruled last month that an innocent man whose business was destroyed by Los Angeles Police Department (LAPD) officers in pursuit of a fugitive is not entitled to compensation for damages under the Takings Clause. This is despite the law's pledge that the government provide "just compensation" when it usurps private property for a public use.

In August of 2022, an armed fugitive threw Carlos Pena out of his North Hollywood printing shop and barricaded himself inside it. Over the course of 13 hours, a SWAT team with the LAPD launched more than 30 rounds of tear gas canisters through the........

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