One Woman’s Fight Protects Property Owners Across Texas

Six years ago, IJ client Vicki Baker’s life was turned upside down. She was in the process of selling her home in McKinney, Texas, and relocating to Montana for her retirement when she received a disturbing call. An armed fugitive, with a teenage hostage, had barricaded himself inside her McKinney house, and a SWAT team had surrounded it. The fugitive eventually released the girl but refused to come out, so the SWAT team assaulted the house, using tear gas, explosives, and armored personnel carriers. As it turned out, by the time they launched the assault, the fugitive had already died by his own hand. 

The damage was extensive. The police on the scene said that the city would pay for repairs, but when Vicki submitted a claim, the city told her she “wouldn’t see a dime.” Her insurance likewise denied her claim, citing a common exclusion in homeowners’ policies for damage caused by the government.

Vicki and IJ sued the city of McKinney. We argued that when the government destroys private property, even for a legitimate reason like apprehending a dangerous fugitive, innocent owners are entitled to compensation under the Takings Clause of the Fifth Amendment, as well as a similar provision of the Texas Constitution. Law enforcement is a public good, and the cost should be borne by society as a whole, not unlucky individuals like Vicki. 

Now, after five years of litigation, including multiple appeals and a jury trial, Vicki is finally going to get paid. Although our early win under the U.S. Constitution was eventually vacated by a federal appeals court, we ultimately prevailed under the Texas Constitution. So Vicki will be getting her full jury award of nearly $60,000, plus interest. 

It should not have taken this long. Many cities around the country voluntarily pay claims like Vicki’s as a matter of course. Instead, McKinney spent far more money litigating this case than Vicki’s claim was worth. But there is a silver lining. Cities across Texas are now on notice that property owners are entitled to be compensated in situations like this. 

Indeed, Vicki’s win is already reverberating throughout the Lone Star State. In the past six years, the city of Austin received 135 claims for property damage caused by the police, and it denied every single one. But just a couple of weeks after Vicki’s final victory, Austin announced a new official policy: Going forward, innocent owners will receive compensation when the police damage or destroy their property. 

The timing cannot be a coincidence. Meanwhile, we’re fighting cases similar to Vicki’s on behalf of families in Indiana and North Carolina and a small-business owner in California. 

Most plaintiffs don’t have the resources to fight city hall for over five years, but that’s sometimes what it takes to secure a landmark constitutional ruling that will protect the rights of millions of property owners. IJ will continue pushing this issue until all Americans have the same protections that Texans now enjoy.

Jeffrey Redfern is an IJ senior attorney.