Plain-English summary
Court rules California rule letting union organizers enter farms is a per se physical taking
In Cedar Point Nursery v. Hassid (2021), the Supreme Court held that a California regulation giving labor organizers a right to enter agricultural property for union organizing is a per se physical taking under the Fifth Amendment. The Court reversed the Ninth Circuit and sent the case back for further proceedings.
Why this matters
The decision limits how far states and local governments can authorize third parties to enter private property without paying compensation. It affects laws that create access rights or easements for government purposes (including some labor-organizing rules), and it clarifies the Court’s approach to so-called per se physical takings versus regulatory takings evaluated under a multi-factor test.
Who may feel it
- Private property owners, especially agricultural businesses and other employers
- Labor unions and organizers
- State and local governments that regulate access to private property
- Businesses and individuals concerned about property-use restrictions and compensation
Key questions
- Does a state rule that gives labor organizers a right to enter an employer’s property for limited windows constitute a per se physical taking?