There are a couple of big, huge caveats to that particular case. They’re stated explicitly in the last two paragraphs of the article you linked:
The case is being appealed to the Supreme Court. I’m not sure of the current status, but as of the time that article was written things hadn’t been settled.
While the money offered by the city was undeniably too little, the guy also chose to knock down the house and rebuild a bigger, nicer house than he had. A civil claimant is trying to get back what they lost, they can’t expect to get a leg up.
I used NPR as the reference as an acceptably neutral reporting agency, but they didn’t go back and update the article. The Supreme Court declined to hear the case. https://ij.org/case/lech-v-city-of-greenwood/
This isn’t a caveat. The city wasn’t ever going to rebuild the house for him. Any compensation was always going to be monetary. The fact that he spent more money than he would have gotten isn’t relevant. If someone crashes into and totals your car your replacement car isn’t expected to be equally as old and used as the one you lost. You’re awarded money and can purchase a replacement at your discretion.
The fact that he spent more money is extremely relevant because that’s what he was seeking. It would have been totally reasonable for him to pay for home repairs on the existing foundation and structure.
While the $5,000 the city gave him certainly wouldn’t accomplish that, he took it too far. He destroyed all remaining value left in the structure, built a new (and more expensive) house on his land, and expects the public to pay for that upgrade. He had a right to compensation for repairs, not to have the taxpayer fund the construction of his dream home.
If the lid falls off your mailbox you have no claim against the USPS. Nor do you have any claim against the police if they, say, destroy your house.
https://www.npr.org/2019/10/30/774788611/police-owe-nothing-to-man-whose-home-they-blew-up-appeals-court-says
There are a couple of big, huge caveats to that particular case. They’re stated explicitly in the last two paragraphs of the article you linked:
The case is being appealed to the Supreme Court. I’m not sure of the current status, but as of the time that article was written things hadn’t been settled.
While the money offered by the city was undeniably too little, the guy also chose to knock down the house and rebuild a bigger, nicer house than he had. A civil claimant is trying to get back what they lost, they can’t expect to get a leg up.
I used NPR as the reference as an acceptably neutral reporting agency, but they didn’t go back and update the article. The Supreme Court declined to hear the case. https://ij.org/case/lech-v-city-of-greenwood/
This isn’t a caveat. The city wasn’t ever going to rebuild the house for him. Any compensation was always going to be monetary. The fact that he spent more money than he would have gotten isn’t relevant. If someone crashes into and totals your car your replacement car isn’t expected to be equally as old and used as the one you lost. You’re awarded money and can purchase a replacement at your discretion.
The fact that he spent more money is extremely relevant because that’s what he was seeking. It would have been totally reasonable for him to pay for home repairs on the existing foundation and structure.
While the $5,000 the city gave him certainly wouldn’t accomplish that, he took it too far. He destroyed all remaining value left in the structure, built a new (and more expensive) house on his land, and expects the public to pay for that upgrade. He had a right to compensation for repairs, not to have the taxpayer fund the construction of his dream home.