This applies to New Orleans but is seated in a larger scope. Under which law/s would you be able to force someone to leave thier properties without actually taking the property from them. And if you’re forced to leave your residence is the city then responsible for loss of property due to vandals, and looters?
(CNN just reported that the mayor has authorized authorities to forcibly remove people who are still in NO)
The general police power that state governments and their municipal subdivisions have. No, no compensation is required.
“Police power” may sound like an offhand term that I just made up, but it’s not. It’s a legal term of art that refers to the broad powers that a government has in emergency situations. Exercise of the power doesn’t necessarily require the involvement of an actual policemen. It can be used in non-criminal fire or health emergencies, for example.
Wow thanks Random I didn’t know that at all. Now my question is, why wasn’t this done earlier as in before the hurricane struck? I knew mandatory evacuations where not “enforced” I assumed it was because they cannot be enforced.
Glad I could help.
In response your question here: There was no legal reason preventing the order from being enforced. It was a policy choice by the city. (Probably based in part upon the Mayor’s fears of being criticized if the hurricane missed the city and in part on the logistical problems that would prevent complete enforcement in the time allowed.)