Cedar Point Nursery v Hassid, (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court held that a regulation made pursuant to the California Agricultural Labor Relations Act that required agricultural employers to allow labor organizers to regularly access their property for the purposes of union recruitment constituted a per se taking under the Fifth Amendment. Consequently, the regulation may not be enforced unless “just compensation” is provided to the employers.
Background.
In 1975, California's legislature passed the California Agricultural Labor Relations Act to help unions gain access to agriculture workers in the state, which at that time tended to be migratory with the seasons and difficult to contact otherwise. The Act allowed union members, with prior notice to the state's Agricultural Labor Relations Board but without consent of the property owner, to come onto agricultural properties up to three times a day, one hour at a time, up to 120 days during a year, to perform unionization activities.
The dispute arises out of a 2015 effort by agricultural union organizers to persuade workers at a Dorris, California strawberry nursery and at a Central Valley fruit packing operation to join a collective bargaining organization. The visit to the northern California farm was conducted under the 1975 Act. The nursery owner sued for a declaratory judgment and an injunction barring future visits by labor organizers, arguing that the regulation results in a physical taking of property and an unreasonable seizure under the U.S. Constitution.
Both the U.S. District Court for the Northern District of California and the U.S. Court of Appeals for the Ninth Circuit rejected the request for an injunction and the nurseries and fruit packer's arguments that state authorization of union organizer visits under the state regulation is a taking of property or an unreasonable seizure. The 2-1 opinion by the appeals court was written by Judge Richard Paez and joined by Judge William A Fletcher. Judge Edward Leavy dissented. Judge Sandra Segal Ikuta wrote a dissent from the denial of rehearing en banc that was joined by 7 other judges.
The California Supreme Court had previously rejected constitutional attacks on the regulation in 1976.
