This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
A California regulation grants labor organizations a right to take access to agricultural employers’ property to solicit union support.
According to Cedar Point Nursery and Fowler Packing Company (growers), according to Cedar Point Nursery and Fowler Packing Company (growers), the growers contend that this regulation amounts to an unconstitutional per se physical taking under the Fifth and Fourteenth Amendments.
The Court holds that when government regulation restricts an owner’s ability to use his own property, a different takings standard applies.
Justice Kavanaugh, in his concurrence, determined that the access regulation gives rise to a per se physical taking.
Background and question before the Court
The regulation at issue is California Code Regulations, tit. 8, § 20900(e)(1)(C), which grants labor organizations a right to access agricultural employers’ property to solicit union support.
According to Cedar Point Nursery and Fowler Packing Company (growers), according to Cedar Point Nursery and Fowler Packing Company (growers), the central legal question is whether this access regulation constitutes an unconstitutional per se physical taking under the Fifth and Fourteenth Amendments.
What each side argues
Growers' Position
According to Cedar Point Nursery and Fowler Packing Company (growers), according to Cedar Point Nursery and Fowler Packing Company (growers), the growers argue that the access regulation effects an unconstitutional per se physical taking by appropriating without compensation an easement for union organizers to enter their property.
What happened at oral argument
What the Court decided
Why it matters
Justice Kavanaugh, in his concurrence, stated that the access regulation gives rise to a per se physical taking.
The Court held that the case does not erase the distinction between trespass and takings.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 7f1e0fbbe5bedf426f88-r1-985ad4d406c5023b.pdfopinion
- ee5f02c1148000796873-r1-aeeb5a30ab8be427.pdforal argument transcript
Guide generated September 28, 2026. Automated validation accepted this version.