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Constitutional Law Keyed to Chemerinsky
Cedar Point Nursery v. Hassid
Citation:
594 U.S. ___ (2021)Facts
In 1975, the California Agricultural Labor Relations Board promulgated a regulation that granted labor organizations a “right to take access” to agricultural employers’ property to solicit support among workers. The regulation permitted union organizers to enter an agricultural employer’s property for up to three hours per day, 120 days per year. Cedar Point Nursery experienced a disruptive entry by union organizers in 2015, while Fowler Packing Company was also subject to the regulation. Both agricultural employers filed suit in federal court, arguing that the access regulation effected an unconstitutional per se physical taking under the Fifth Amendment by appropriating without compensation an easement for union organizers to enter their property. The lower courts rejected this claim, holding that the regulation did not constitute a per se taking because it did not allow for permanent and continuous access to the growers’ property.
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