SCOTUS: Union access rule is a "taking"
California has a regulation that grants labor organizations a "right to take access" to an agricultural employer’s property in order to solicit support for unionization.
The US Supreme Court holds (6-3) that this appropriates a right to invade the growers’ property and therefore constitutes a per se physical taking. Cedar Point Nursery v. Hassid (US Supreme Ct 06/23/2021). [PDF]
That obligates the government to provide the owners with just compensation.
This is true even though the regulation does not allow for permanent and continuous access 24 hours a day, 365 days a year. A physical appropriation is a taking whether it is permanent or temporary. The duration of the appropriation bears only on the amount of compensation due.
The Court declined to adopt the theory that the access regulation merely regulates, and does not appropriate, the growers’ right to exclude.
Three Justices would hold that this was a "regulation" which requires the use of a complex balancing test to determine whether there has been a compensable taking.