When innocent homeowners have their property damaged as a result of police activity—such as investigation of a warrant—it may be reasonable to think they would be reimbursed by the government for their losses. But in most cases homeowners see no compensation—so why not?

In his article, Samuel Hodge elaborates on three distinct views that local courts may have regarding compensation in these scenarios. The reason homeowners aren’t being reimbursed is because most courts do not view property damage from police activity as government taking of property under the fifth amendment.

Hodge suggests that a simple accommodation could be made for property owners by waiving governmental and sovereign immunity under specific situations and imposing a cap on damage.