section 1983, the plaintiffs alleged that the access regulation creates an easement that allows union organizers to enter their property “without consent or compensation” in violation of the Takings Clause of the Fifth Amendment. In suing for declaratory and injunctive relief under 42 U.S.C. ![]() In the district court litigation the plaintiff landowners alleged that the United Farm Workers union disrupted work by moving through their trim sheds with bullhorns, distracting and intimidating workers, and violated the access regulation by failing to provide the required written notice before taking access. 2020).Īs we previously wrote, the access regulation authorized by California’s Agricultural Labor Relations Act declares that the rights of agricultural employees include “the right of access by union organizers to the premises of an agricultural employer for the purpose of meeting and talking with employees and soliciting their support.” Although the access right is not unlimited, as the regulation imposes several restrictions relating to time, place, number of organizers, purpose, and conduct, the regulation allows union organizers to enter the private property of agricultural growers 120 days per year for up to three hours at a time. The Ninth Circuit denied a petition for rehearing en banc. Shiroma, 923 F.3d 524 (2019)-is a 2-1 Ninth Circuit panel opinion holding that a California regulation allowing union organizers access to agricultural employees on employers’ private property, to communicate about union organization, is governed by regulatory takings standards and is not a per se categorical taking. ![]() The underlying case- Cedar Point Nursery v. The question presented in the successful cert petition is “whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.” ![]() Supreme Court issued an order granting certiorari in Cedar Point Nursery v.
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