Supreme Court revives grower's claim after police destroyed $37K legal hemp
The Georgia Supreme Court ruled that the state cannot use 'police power' as a blanket exemption to avoid compensating property owners for damages caused by law enforcement. The ruling revives a lawsuit from a hemp grower whose crops were destroyed during a police operation.
Why it matters
This sets a legal precedent regarding property rights and the government's liability for damages incurred during police operations.
The Georgia Supreme Court has revived a legal battle over whether the government must compensate property owners when law enforcement operations damage their property, ruling that the state cannot automatically avoid the Georgia Constitution’s just-compensation requirement simply by invoking its “police power.”According to a report by Reason published October 4, the unanimous ruling involves Blue 42 Organics, LLC, a licensed hemp grower whose crops were allegedly destroyed during a Georgia Department of Public Safety (DPS) drug-suppression operation in 2021.Police aircraft allegedly destroyed $37,000 worth of hempAccording to the Georgia Supreme Court’s opinion, Blue 42 operates a hemp farm in Dahlonega and was properly registered with both the Georgia Department of Agriculture and the U.S. Department of Agriculture.On July 21, 2021, DPS, acting through the Governor’s Drug Suppression Task Force, conducted a drug-suppression operation in the area.
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