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Property Law Keyed to Dukeminier
Cedar Point Nursery v. Hassid
Citation:
594 U.S. ___, 141 S. Ct. 2063 (2021)Facts
In 1975, the California Agricultural Labor Relations Board promulgated a regulation granting labor organizations a “right to take access” to agricultural employers’ property to solicit support for unionization. The regulation permitted union organizers to enter the property for up to three hours per day, 120 days per year. Cedar Point Nursery experienced a disruption when union organizers entered their property at 5 a.m., causing some workers to join the protest. Fowler Packing Company, a grower and shipper of table grapes and citrus, was also subject to the regulation. Both agricultural employers filed suit in federal court, arguing that the access regulation amounted to an unconstitutional per se physical taking under the Fifth Amendment. They sought declaratory and injunctive relief prohibiting the Board from enforcing the regulation against them.
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