Issue Position: When is a Taking not a Taking?

Issue Position

When it is your living room wall.

A recent takings case involved a home owned by Mrs. Eggleston. Her son had a shoot out with the police, leaving bullet holes and perhaps blood on the center loading bearing wall of the house. Although mom had nothing to do with the criminal activity, her home was rendered uninhabitable when the police removed the entire wall for evidence, seven years ago.

Mrs. Eggleston then went to court claiming the government took her property without just compensation, contrary to the eminent domain clause of the state constitution. In a very lonely dissent, I thought she had a good point. But a majority of the court went the other way. See Eggleston v. Pierce County, 148 Wn. 2d 760 (2003).

When it is your front door.

Mr. Leo Brutsche met Kent police at his front gate where they served a warrant to search for drugs. Brutsche offered to open all his doors, or to give the police all the keys if they preferred. They declined, instead using a battering ram on all his doors (finding nothing.)

He sued for $4,000 in compensation and took his case all the way to the State Surpeme Court -- losing 6 to 3.See Brutsche v Kent, 164 Wn.2d 664 (2008)

I wrote the dissent and argued this was a taking under out state constiution entitling the property owner to just comnpensation.

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