JOHN SIMMONS, ET AL. VS. LARRY LOOSE, ET AL. A-6382-08T3 01-31-11 In this appeal, we conclude that an innocent property owner is not entitled to compensation under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, as well as 42 U.S.C.A. § 1983 (section 1983), or in the alternative, just compensation from the State under the Fifth and Fourteenth Amendments of the United States Constitution and Article I, paragraph 20 to the New Jersey Constitution when property damage occurs as a result of the execution of a lawful search warrant. While we recognize that innocent third-parties suffered damages as a result of lawful government action, we conclude that such loss is not a "taking" under either the federal or state constitutions, and the proper remedy must result from legislative action to provide relief.
