Cedar Point Nursery v. Shiroma, No. 16-16321 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's dismissal of an appeal by Growers against members of the California Agricultural Labor Relations Board who promulgated a regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances. Growers sought declaratory and injunctive relief, alleging that the access regulation, as applied to them, was unconstitutional.
The panel held that the access regulation as applied to the Growers did not amount to a per se physical taking of their property in violation of the Fifth Amendment. In this case, the Growers did not suffer a permanent physical invasion that would constitute a per se taking. The panel also held that the Growers have not plausibly alleged that the access regulation effects a seizure within the meaning of the Fourth Amendment.
Court Description: Constitutional Law / Takings / Seizure. The panel affirmed the district court’s dismissal of an appeal by Growers seeking declaratory and injunctive relief against members of the California Agricultural Labor Relations Board who promulgated a regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances. The Growers alleged that the access regulation, as applied to them, was unconstitutional because it was a per se taking in violation of the Fifth Amendment and was an unlawful seizure of their property in violation of the Fourth Amendment. The panel rejected the Growers’ allegation that the access regulation, as applied to them, effected a Fifth Amendment taking by creating an easement that allowed union organizers to enter their property “without consent or compensation.” The panel held that the Growers did not suffer a permanent physical invasion that would constitute a per se taking. Although the access regulation did not have a contemplated end-date, it did not meet Nollan v. California Coastal Commission, 483 U.S. 825 (1987)’s definition of a permanent physical occupation where the regulation significantly limited organizers’ access to the Growers’ property. The panel further held that the Growers did not suffer a permanent physical invasion that would constitute a
The court issued a subsequent related opinion or order on April 29, 2020.
The court issued a subsequent related opinion or order on August 4, 2021.
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