CONSTITUTIONAL LAW — FIFTH AMENDMENT — FIFTH CIRCUIT REJECTS TAKINGS CLAIM UNDER “NECESSITY EXCEPTION.” — Baker v. City of McKinney, 84 F.4th 378 (5th Cir. 2023), reh’g denied, 93 F.4th 251 (5th Cir. 2024).

The article discusses the Fifth amendment ruling in Baker v. City of McKinney, where the court invoked a "necessity exception" to deny compensation under the Takings Clause after police destroyed Vicki Baker's home during an emergency involving a fugitive kidnapper. It found that the court's application failed to properly align with historical precedents. It suggests the future courts to apply the necessity exception more carefully.