By Jonathan Gardner*
This Article explores a problematic “Necessity Exception” that some courts have applied to the Takings Clause of the Fifth Amendment to the U.S. Constitution. The Necessity Exception serves to victimize innocent bystanders by denying them reimbursement when their property is damaged by destructive law enforcement activity. While it is sometimes necessary for police to use destructive tactics when enforcing the law, this Article argues that innocent property owners should not be forced to foot the bill. By first exploring the historical context of the Necessity Exception and recounting the stories of private property owners who have been victimized by it, this Article then argues that this limitation on the Takings Clause is outdated and unwarranted. The conclusion examines practical solutions that would ensure a fair and workable balance between public safety and private property rights.