Plain-English summary
Court: California rule letting organizers enter farms is a per se physical taking
The Court ruled 6–3 that a California regulation requiring farm owners to allow labor organizers onto their property for limited times is a per se physical taking under the Fifth Amendment, and must be compensated. The case was reversed and remanded to the lower court.
Why this matters
This decision expands and clarifies when government regulations that let private parties enter or use private property count as a "taking" that must be compensated. It affects the balance between property rights and labor/organizing rules, and may influence other laws that authorize access to private land for third parties.
Who may feel it
- Private property owners (especially farms and other workplaces)
- Labor unions and labor organizers
- State and local governments that regulate access to private property
- Businesses regulated by occupancy or access rules
- Workers on private property who may be contacted by organizers