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A federal judge has ordered the city of McKinney to pay almost $60,000 plus interest to 81-year-old Vicki Baker.
Her home was torn apart by a SWAT team during a 2020 police standoff. According to WFAA [1], Baker took the city to court after her house became the battleground for a high-stakes manhunt. McKinney police unleashed tear gas, explosives and tactical vehicles on the property while chasing a fugitive who had barricaded himself inside.
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As insurance plans do not cover “acts of the government,” the city refused to pay for the damage, so Vicki joined forces with the Institute for Justice (IJ) to file a lawsuit in March 2021.
“I’ve just learned that my battle with the city of McKinney is coming to an end,” Baker said in a statement on June 5. “Judge Mazzant has, once again, ruled that I am due just compensation under the Texas Constitution.”
‘…Vicki is finally going to be made whole’
It all started on July 25, 2020, when Wesley Little, a man Baker had hired for repairs, broke into her home and held her teenage daughter hostage, according to the WFAA report. Baker was in Montana, but her daughter, who was living at the property, escaped and called 911.
After Little released the teen, he refused to surrender. A SWAT team smashed down doors, fired roughly 30 tear gas canisters, shattering windows, and tore down a fence. Once inside, they found Little had died by suicide.
The incident left more than $50,000 in damage to the house, according to Baker, with her insurance covering only the destruction caused by Little, not the police’s tactical incursion.
The city of McKinney initially refused to pay, citing "sovereign immunity.” This refers to a legal shield that often protects cities from liability unless waived or overturned by a judge, according to Cornell Law School’s Legal Information Institute [2].
Baker, a cancer survivor who had recently invested $25,000 to ready her home for sale, didn’t back down.
“It was more devastating because of everything that was happening to me at the time,” she said. “I felt like this was a case that would not just help me, but a lot of people. That’s why I wanted to fight.”
With legal help from the Institute for Justice, Baker argued that the government’s destruction amounted to an uncompensated taking of her property under both the U.S. and Texas Constitutions.
“It took five years, but Vicki is finally going to be made whole,” Jeffrey Redfern, senior attorney at the Institute for Justice, said. “She’s fortunate that Texas has strong protections for private property rights, but people in much of the rest of the country aren’t so lucky.”
McKinney officials stated they are “evaluating options for appealing” the ruling.
Read more: Robert Kiyosaki warns of a ‘Greater Depression’ coming to the US — with millions of Americans going poor. But he says these 2 ‘easy-money’ assets will bring in ‘great wealth’. How to get in now
What is sovereign immunity?
In Texas and other states, sovereign immunity protects state agencies, counties and cities. Sovereign immunity shields public agencies from lawsuits that can drain taxpayer dollars and gum up government operations. Unfortunately, sovereign immunity makes it difficult for homeowners to sue a city for damage caused by police raids or other government actions.
Ways that sovereign immunity can hurt homeowners include:
- Limited legal recourse: Most cities can’t be sued for property damage.
- Financial strain: Repairing damage caused by the police or government can cost thousands of dollars.
- Legal fights: Challenging sovereign immunity can be complex, expensive and lengthy.
- Unfair burden: Citizens pay the price, while cities walk away free and clear.
Hassle-free property ownership
Vicki’s story shows how homeownership can quickly lead to some nasty surprises. While real estate is often praised for its potential for high returns on investment, it can also cause some serious headaches along the way.
If you’re interested in real estate, but don’t want to live with the risk of an accidental SWAT raid (or, more realistically, burst pipes), indirect real estate investing opportunities can help you tap into this asset class.
With Arrived, you can now invest in shares of vacation homes or rentals without buying property outright.
Backed by world-class investors, including Jeff Bezos, Arrived can help you earn passive income, potentially with quarterly dividends.
To get started, simply browse through Arrived’s selection of vetted properties, each picked for its potential appreciation and income generation. Once you choose a property, you can invest with as little as $100.
Another avenue is to tap into the $34.9 trillion U.S. home equity market, which has historically been the exclusive playground of large institutions.
Homeshares is changing the game by allowing accredited investors to gain direct exposure to hundreds of owner-occupied homes in top U.S. cities through their U.S. Home Equity Fund — without needing to buy, own, or manage property yourself.
The fund focuses on homes with substantial equity, utilizing Home Equity Agreements (HEAs) to help homeowners access liquidity without incurring debt or additional interest payments.
This approach provides an effective, hands-off way to invest in high-quality residential properties, with the added benefit of diversification across various regional markets, starting at a minimum investment of $25,000.
With risk-adjusted target returns ranging from 14% to 17%, the U.S. Home Equity Fund could unlock lucrative real estate opportunities, offering accredited investors a low-maintenance alternative to traditional property ownership.
Beyond residential real estate, the $22.5 trillion commercial real estate sector is another investment opportunity that was only available to a select group of elite investors — until now.
First National Realty Partners (FNRP) allows accredited investors to diversify their portfolio through grocery-anchored commercial properties, without taking on the responsibilities of being a landlord.
With a minimum investment of $50,000, investors can own a share of properties leased by national brands like Whole Foods, Kroger and Walmart, which provide essential goods to their communities. Thanks to triple net leases, accredited investors are able to invest in these properties without worrying about tenant costs cutting into their potential returns.
Simply answer a few questions — including how much you would like to invest — to start browsing their full list of available properties.
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[1]. WFAA. “Judge orders McKinney to pay $59K to cancer-survivor after SWAT raid left her home in ruins”
[2]. Cornell Law School Legal Information Institute. “Sovereign Immunity”
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