The United States Supreme Court has stricken down as unconstitutional a California law giving unions the right to trespass on private property.
California law, before this decision in Cedar Point Nursery v. Hassid, forced agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation. A lower court ruled it was constitutional because it didn’t allow “24 hours a day, 365 days a year” occupation. The question presented to the Supreme Court was whether the uncompensated appropriation of an easement that is limited in time affects a per se physical taking under the Fifth Amendment. By 6-3, the Court ruled it is a taking, and therefore, unconstitutional.