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Fifth Circuit· 4/23/2009

Severance v. Patterson

Citations

  • 566 F.3d 490
  • 2009 U.S. App. LEXIS 8410
  • 2009 WL 1089440

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that no easement had been established on Severance’s property by prescription, implied dedication, or continuous right
  • stating that the government appropriation of an easement over a private landowner’s property and denial of compensation amounted to a Fourth Amendment violation
  • holding federal takings claim unripe under Williamson County because owner had not yet used Texas state remedies to challenge physical takings
  • declining to extend the Coeur d’Alene limitation to a case that did not involve a quiet title action and would thus not impede on the state’s right to its own lands
  • plaintiff's allegation that State appropriated an easement over her beachfront property 26 sufficiently alleged potential seizure to survive motion to dismiss
  • challenging imposition of easement over two homes

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Wiener, Clement

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

92 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Severance v. Patterson

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.