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Property Law Keyed to Dukeminier
Horne v. Department of Agriculture
Citation:
135 S. Ct. 2419 (2015)Facts
The Agricultural Marketing Agreement Act of 1937 authorizes the Secretary of Agriculture to promulgate “marketing orders” to help maintain stable markets for particular agricultural products. The marketing order for raisins requires growers in certain years to give a percentage of their crop to the Government, free of charge. The Raisin Administrative Committee, composed largely of growers and others in the raisin business appointed by the Secretary of Agriculture, determines the required allocation. In 2002-2003, this Committee ordered raisin growers to turn over 47 percent of their crop, and in 2003-2004, 30 percent. The Hornes, who are both raisin growers and handlers, refused to set aside any raisins for the Government in 2002, believing they were not legally bound to do so. The Government assessed against them a fine equal to the market value of the missing raisins (approximately $480,000) plus a civil penalty of over $200,000. The Hornes challenged this fine, arguing that the reserve requirement constituted an unconstitutional taking of their property under the Fifth Amendment.
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