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CA5: Fourth Amendment seizure v. Fifth Amendment taking

By John Wesley Hall, Jr.

In a case involving a "rolling beachfront easement" after Hurricane Rita in Texas and whether beach erosion and state action afterward resulted in, inter alia, a Fourth Amendment seizure, the Fifth Circuit certifies the issue to the Texas state courts. The court finds the seizure issue ripe and present, but impossible to resolve under state law. Also, Fourth Amendment seizure and Fifth Amendment takings claims can be different things. Severance v. Patterson, 2009 U.S. App. LEXIS 8410 (5th Cir. April 23, 2009): The Officials preliminarily contend that any Fourth Amendment claim here is fully subsumed by Severance's takings claim and is therefore not separately cognizable. We reject this contention. The Fourth Amendment applies to civil as well as criminal seizures, Freeman v...continue to full post

Full post as published by Fourth Amendment on April 27, 2009 (boomark / email).