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CASE ENTRY

Cedar Point Nursery v. Shiroma

California law allows union organizers onto agricultural land before/after work and during lunch breaks to tout the benefits of unionization. Is this physical invasion a Fifth Amendment “taking” of the owners’ property rights? Ninth Circuit (over a dissent): No. Plaintiff: What about a Fourth Amendment “seizure” of our property? Ninth Circuit: Also no.


Tags: 2019, Fifth Amendment, Fourth Amendment, Ninth Circuit, Property Rights, Searches and Seizures, Takings Clause, Unions

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