Legal Opinion

Kelley v. Story County Sheriff

Supreme Court of Iowa

Decided June 1, 2000No. 98-0030PublishedCited by 17 opinions

1Opinion of the Court

McGIVERIN, Chief Justice.

The main question here is whether damage to private property caused by law enforcement officers while executing' an arrest warrant is a taking of private property under article I, section 18 of the Iowa Constitution, triggering the 'property owner’s right to compensation. In a small claims action brought by plaintiff property owner, Jim Kelley, against defendants Story County and the Story County sheriff, the district court judge concluded that the damage caused to plaintiffs property did not amount to a taking of private property under article I, section 18 of the…

2Cases cited32 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Steele v. City of HoustonTexas Supreme Court · 1980
  3. Iowa Coal Mining Co. v. Monroe CountySupreme Court of Iowa · 1996
  4. Customer Co. v. City of SacramentoCalifornia Supreme Court · 1995
  5. Bormann v. KOSSUTH COUNTY BD. OF SUP'RSSupreme Court of Iowa · 1998

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3Cited by17 opinions

  1. Home Builders Ass'n of Greater Des Moines v. City of West Des MoinesSupreme Court of Iowa · 2002
  2. K & W ELEC., INC. v. StateSupreme Court of Iowa · 2006
  3. Kingsway Cathedral v. Iowa Department of TransportationSupreme Court of Iowa · 2006
  4. Eggleston v. Pierce CountyWashington Supreme Court · 2003
  5. Eggleston v. Pierce CountyWashington Supreme Court · 2003

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