Local Government Law

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Property Damage by Police: The Takings Clause is Dividing Appeals Courts (Baker v. McKinney)

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Idaho CLE Approved 1 Total
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Indiana CLE Approved 1 Total
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Louisiana CLE Upon Request 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Approved 1 Total
North Carolina CLE Approved 1 Total
North Dakota CLE Upon Request 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Approved 1 Total
OnDemand
59 minutes
Jeffrey Redfern
Suranjan Sen
With Jeffrey Redfern from Institute for Justice + 1 other
Recorded March 10, 2025
Product ID 100510

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Overview

Protecting Property Rights and Ensuring Compliance

The Baker case has brought up contentious issues involved in property takings by police. What are the key points of contention, and how to comply? This course will examine the legal complexities surrounding property damage caused by law enforcement in the execution of their duties, with a focus on the recent case of Baker v. McKinney. Participants will gain a deeper understanding of the Takings Clause of the Fifth Amendment, its application in emergency policing situations, and the ongoing debate regarding compensation for property owners. Register today!

  • Analyze the facts and legal arguments in Baker v. McKinney.
  • Discuss the differing interpretations of "public use" and "necessity" in the context of police actions.
  • Evaluate the potential impact of Baker on future cases involving property damage by police.
  • Identify best practices to minimize property damage and ensure accountability.

Abbreviated Agenda

  1. The Takings Clause of the 5th Amendment, Eminent Domain Limits, and Baker v. McKinney
  2. "Public Use" vs. "Public Necessity" in the Context of Police Actions
  3. The Role of "Exigent Circumstances" in Justifying Property Damage
  4. Determining "Just Compensation" for Damaged Property
  5. Exploring the Limits of Police Power in Emergency Situations
  6. Strategies for Minimizing Property Damage During Police Operations
  7. Documentation and Accountability

Related Topics

Product ID 100510

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 1 Total
Alabama CLE Approved 1 Total
Arkansas CLE Approved 1 Total
Arizona CLE Approved 1 Total
California CLE Approved 1 Total
Colorado CLE Approved 1 Total
Connecticut CLE Approved 1 Total
Delaware CLE Approved 1 Total
Florida CLE Approved 1 Total
Georgia CLE Approved 1 Total
Hawaii CLE Approved 1 Total
Iowa CLE Upon Request 1 Total
Idaho CLE Approved 1 Total
Illinois CLE Approved 1 Total
Indiana CLE Approved 1 Total
Kansas CLE Upon Request 1 Total
Louisiana CLE Upon Request 1 Total
Maine CLE Approved 1 Total
Minnesota CLE Approved 1 Total
Missouri CLE Approved 1.2 Total
Northern Mariana Islands CLE Approved 1 Total
Montana CLE Approved 1 Total
North Carolina CLE Approved 1 Total
North Dakota CLE Upon Request 1 Total
Nebraska CLE Approved 1 Total
New Hampshire CLE Approved 1 Total
New Jersey CLE Approved 1.2 Total
New Mexico CLE Approved 1 Total
Nevada CLE Approved 1 Total
New York CLE Approved 1 Total
Ohio CLE Approved 1 Total
Oklahoma CLE Approved 1 Total
Oregon CLE Approved 1 Total
Pennsylvania CLE Approved 1 Total
Rhode Island CLE Upon Request 1 Total
South Carolina CLE Approved 1 Total
Tennessee CLE Approved 1 Total
Texas CLE Approved 1 Total
Utah CLE Approved 1 Total
Vermont CLE Approved 1 Total
Washington CLE Approved 1 Total
Wisconsin CLE Approved 1 Total
West Virginia CLE Approved 1.2 Total
Wyoming CLE Approved 1 Total
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Agenda

All times are shown in

  1. Property Damage by Police: The Takings Clause is Dividing Appeals Courts (Baker v. McKinney)

    1. The Takings Clause of the 5th Amendment, Eminent Domain Limits, and Baker v. McKinney
    2. "Public Use" vs. "Public Necessity" in the Context of Police Actions
    3. The Role of "Exigent Circumstances" in Justifying Property Damage
    4. Determining "Just Compensation" for Damaged Property
    5. Exploring the Limits of Police Power in Emergency Situations
    6. Strategies for Minimizing Property Damage During Police Operations
    7. Documentation and Accountability

Who Should Attend

This legal update is designed for attorneys. Paralegals will also benefit.

Speakers

Jeffrey Redfern
Jeffrey
Redfern
Institute for Justice
Suranjan M Sen
Suranjan M.
Sen
Institute for Justice
Speaker bio
Jeffrey Redfern

Jeffrey Redfern

Institute for Justice
Jeffrey Redfern

is a senior attorney with Institute for Justice. His practice focuses on litigating constitutional cases protecting property rights and free speech. Mr. Redfern was the lead attorney in Baker v. City of McKinney, a case in which, for the first time in history a federal court ruled that an innocent homeowner was entitled to compensation when her house was destroyed by a SWAT raid. He litigates cases around the country challenging eminent domain abuse, where the government tries to take private property and give it to other private parties. Mr. Redfern also litigates cases to ensure that when government does take property, it pays just compensation. He files amicus briefs on eminent domain issues in state and federal courts, including the U.S. Supreme Court, and has testified in support of eminent domain reforms before Congress. In his free speech practice, Mr. Redfern has fought for the First Amendment rights of book publishers and talk therapists to be free of government regulation targeted at the content of their speech. Before joining Institute for Justice, he was a member of the appellate group at Mayer Brown LLP, where he authored briefs on various constitutional issues in the U.S. Supreme Court and in lower federal and state courts. Mr. Redfern has argued cases before the First, Second, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits, as well as the Colorado Supreme Court. He earned his J.D. degree, cum laude, from Harvard Law School and is admitted to practice in the District of Columbia and Minnesota.

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Speaker bio
Suranjan M Sen

Suranjan M. Sen

Institute for Justice
Suranjan Sen

is an attorney with Institute for Justice. He has experience with cases involving destruction of private property, housing affordability, economic liberty, immunity and accountability, and more. Mr. Sen earned his bachelor's degree in music and political science from Vanderbilt University. He earned his J.D. degree from Yale Law School, where he was a senior editor of both the Yale Law Journal on Regulation and the Yale Law & Policy Review. During and immediately after law school, Mr. Sen spent a summer clerking for Chief Judge Susan G. Braden of the U.S. Court of Federal Claims, and spent two summers working for the law firm Sullivan & Cromwell. For the year between law school and joining Institute for Justice, he clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Prior to law school, Mr. Sen accepted an academic fellowship abroad. He taught in the Zhuhai's Government and International Relations Department at United International College (People's Republic of China) and studied Indian language and culture at American Institute of Indian Studies (India). Mr. Sen also worked for his family's small business and as a musician. It was his experience with that small business that inspired him to pursue a career as a litigator and join the Institute for Justice team.

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