Cedar Point Nursery v. Hassid
United States Supreme Court
141 S. Ct. 2063 (2021)
- Written by Angela Patrick, JD
Facts
California’s Agricultural Labor Relations Board (the board) (defendant) passed a regulation granting labor organizations the right to access an agricultural employer’s property to meet with workers. Under the regulation, if a labor organization provided advance notice, it was allowed to access private agricultural property for four 30-day periods per year. In 2015, the labor organization United Farm Workers (United) entered property owned by the strawberry grower Cedar Point Nursery (Cedar Point) (plaintiff) to meet with Cedar Point’s workers. Cedar Point sued the board’s members in federal district court, alleging that the access regulation violated the Takings Clause in the Fifth and Fourteenth Amendments to the United States Constitution. Cedar Point argued that allowing organizations to have physical access to private property amounted to a physical taking requiring just compensation. The district court ruled for the board, reasoning that the regulation was not a taking because it allowed only temporary, not permanent, access to the private property. The Ninth Circuit affirmed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Roberts, C.J.)
Concurrence (Kavanaugh, J.)
Dissent (Breyer, J.)
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