Property Keyed to Merrill
Horne v. Department of Agriculture
Facts
As required by an order from the United States Department of Agriculture (USDA), the federal government obtained a portion of raisin farmers’ raisin crops for government use. With the raisin crops, the government would sell the raisins to stimulate and retain a healthy raisin market. Additionally, the government would keep the revenue from the sales. The Hornes, raisin growers, refused to give any of their raisins to the government. Thereafter, the government fined the Hornes for their refusal. The Hornes instigated this action against the government on the grounds that the USDA order was an unconstitutional taking of property under the Fifth Amendment. Nonetheless, the United States Court of Appeals for the Ninth Circuit held in the government’s favor, finding the raisin-reserve requirement did not constitute a taking. The United States Supreme Court granted certiorari.
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