Cedar Point Nursery v. Hassid
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Cedar Point Nursery v. Hassid and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Cedar Point Nursery v. Hassid.
The Supreme Court reviewed a California regulation granting labor organizations access to agricultural employers' property to solicit union support. The growers argued this constituted an unconstitutional taking without compensation. The Court reversed the Ninth Circuit's decision, finding the regulation a per se physical taking under the Fifth and Fourteenth Amendments.
Holding
The single most important “bottom line” of what the Court decided in Cedar Point Nursery v. Hassid.
The Court held that California's access regulation constitutes a per se physical taking requiring just compensation.
Constitutional Concepts
These are the Constitution-related themes that appear in Cedar Point Nursery v. Hassid. Click a concept to see other cases that involve the same idea.
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Why Takings Clause is relevant to Cedar Point Nursery v. Hassid
The central issue of the case is whether the California regulation constitutes a per se physical taking under the Takings Clause of the Fifth Amendment.
Syllabus excerpt (verbatim)California's access regulation constitutes a per se physical taking.
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Why Substantive Due Process is relevant to Cedar Point Nursery v. Hassid
The case involves the application of the Takings Clause to the states through the Fourteenth Amendment, which is a substantive due process issue.
Syllabus excerpt (verbatim)The Takings Clause of the Fifth Amendment, applicable to the States through the Fourteenth Amendment...
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Why State–Federal Power is relevant to Cedar Point Nursery v. Hassid
The case involves the balance of power between state regulations and federal constitutional protections.
Syllabus excerpt (verbatim)The Board's fear that treating the access regulation as a per se physical taking will endanger a host of state and federal government activities...
Key Quotes
Short excerpts from the syllabus in Cedar Point Nursery v. Hassid that support the summary and concepts above.
California's access regulation constitutes a per se physical taking.
The right to exclude is 'a fundamental element of the property right.'
The regulation appropriates a right to physically invade the growers' property.
