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Property Keyed to Merrill
Cedar Point Nursery v. Hassid
Citation:141 S.Ct 2063
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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The California Agricultural Labor Relations Act of 1975 gives agricultural employees a right to self-organization and makes it an unfair labor practice for employers to interfere with that right. Under the regulation, a labor organization may take access to an agricultural employer’s property for up to four 30-day periods in one calendar year. Cedar Point Nursery is a strawberry grower in northern California. In October 2015, members of the Union Farm Workers entered Cedar Point’s property without prior notice. Calling through bullhorns, the organizers disturbed operations, causing some workers to join the organizers in a protest and others to leave the worksite altogether. Believing that the union would likely attempt to enter their property again in the near future, the growers filed suit in the district court against several Board members in their official capacity. The growers argued that the access regulation effected as unconstitutional per se physical taking under the Fifth and Fourteenth Amendments by appropriating without compensation an easement for union organizers to enter their property.
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