Cedar Point Nursery v. Hassid (CA Agricultural Labor Relations Board)

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Chapter 7 in The Legal Foundations of Micro-Institutional Performance, 2022, pp 133-139 from Edward Elgar Publishing

Abstract: Property rights are typically considered a fundamental part of any capitalist economy. The ability to exclude others from your property is argued to be a key Hohfeldian right in ownership and accountability for the use of that property. The US Constitution protects certain types of private property from government takings. The state of California had a law that allowed agricultural farmworker unions to access agricultural farm operator lands for temporary periods to meet with potential and current workers. In the Cedar Point Nursery case, a farm nursery sued the state arguing that the law represented a physical taking of property and was unconstitutional. The Supreme Court did rule for the farm nursery and struck down California's law. More importantly, analysts may need to reconsider the laws around takings and potential institutional alternatives and economic performance in the wake of this case.

Keywords: Development Studies; Economics and Finance; Environment; Law - Academic (search for similar items in EconPapers)
Date: 2022
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