On June 23, 2021, the U.S. Supreme Court decided Cedar Point Nursery et al. v. Hassid et al., holding that a California regulation that granted labor organizations a right to take access to an agricultural employer’s property to solicit support for unionization constitutes a per se physical taking.
The plaintiffs are agricultural employers who filed suit against several board members of the United Farm Workers in their official capacity, requesting declaratory and injunctive relief, based on their contention that the California regulation that grants organizers access to their private property — for up to three hours per day, 120 days out of the year — to solicit support for unionization is an unconstitutional per se physical taking under the Fifth and Fourteenth Amendments.
For the full alert, visit the Faegre Drinker website.
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