What is the state's position on just compensation for damages caused by the actions of the police?

California, United States of America


The following excerpt is from Customer Co. v. City of Sacramento, 10 Cal.4th 368, 41 Cal.Rptr.2d 658, 895 P.2d 900 (Cal. 1995):

As the majority suggest, both state and federal law have recognized a limited number of specific situations where government, in the exercise of its police power, may take deliberate action for the public benefit without paying compensation for resulting physical damage or destruction to private property. Among the exceptions most commonly articulated are "nuisance," and "emergency" or "necessity." The courts have explained these exceptions, sometimes incompletely, on various theoretical and policy grounds. But in California it is now clear that unless the exceptions are narrowly circumscribed and [895 P.2d 933] strictly justified, the constitutional requirement of just compensation will be improperly "vitiate[d]." (Holtz v. Superior Court, supra, 3 Cal.3d 296, 305, 90 Cal.Rptr. 345, 475 P.2d 441.)

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