Georgia Supreme Court limits state police power defense in property damage case

The Georgia Supreme Court has overturned previous rulings regarding the state's obligation to compensate private property owners for damages caused by law enforcement activities. The decision clarifies that the state's police power does not provide a blanket defense against constitutional requirements to provide “just and adequate” compensation when private property is taken or damaged.

The case originated from a 2021 drug-interdiction operation conducted by the Governor’s Drug Suppression Task Force. During the operation, aircraft flying near legal hemp crops in Dahlonega caused approximately $37,000 in damage to Blue 42 Organics through rotor and prop wash.

While lower courts had previously dismissed the company's lawsuit—accepting the state's argument that police power exempted them from compensation requirements—the high court's reversal establishes a different precedent for property rights in Georgia. The National Hemp Association supported the company, arguing that legal hemp crops must be protected from inadvertent destruction during routine aerial surveys.