SCOGA rules state must pay Dahlonega hemp grower for police-related crop damage

The Georgia Supreme Court (SCOGA) has reinstated a lawsuit filed by Blue 42 Organics, a licensed hemp grower in Dahlonega, after lower courts dismissed the case against the Georgia Department of Public Safety (DPS).

The dispute stems from a Governor’s Drug Suppression Task Force operation in which state aircraft flew at low altitude over the company’s property. The rotor wash and turbulence from helicopters and a fixed‑wing aircraft damaged two rows of hemp plants valued at about $37,000, the suit alledged. The flyover also disturbed cattle on the property, the owners said, raising concerns about grazing leases. Blue 42 was registered with both state and federal agriculture agencies and had provided GPS coordinates for its operation.

The company filed an inverse condemnation claim under the state constitution’s Just Compensation Clause, arguing that its property was damaged during a government action and that it was entitled to compensation. The state responded that the damage occurred while officers were exercising police power and argued that such actions were exempt from the clause under sovereign immunity.

The Supreme Court’s decision sends the case back to the lower courts for further proceedings.

You can read the full opinion here: 9bad8605d7884c309e6404ef654f3a17_25g1439

(This is an AI-assisted story.)