per se physical taking Archives - Jackson & Campbell, P.C.

24 Jun 2021 |

SCOTUS Opinion: Law Allowing Labor Unions Access To Private Land Deemed An Unconstitutional Taking

California enacted a regulation allowing labor organizations a limited duration right to access private farms to solicit support from farm workers thereon. Two such farmers filed suit seeking an injunction, arguing that the regulation was an unconstitutional per se physical taking without compensation. The district court and Ninth Circuit denied relief on the basis that the regulation did not allow ... Read More

TAGGED: Fourteenth Amendment, Fifth Amendment, Takings Clause, per se physical taking, NLRB v. Babcock & Wilcox Co., Cedar Point Nursery v. Hassid