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Category Archives: Regulatory Takings
US Supreme Court Sides with Agricultural Employers in Takings Case
Last week, the United States Supreme Court issued an opinion in Cedar Point Nursery v. Hassid, a case involving a California law requiring agricultural employers to allow union organizers to enter the employer’s property. The employers claimed this was a taking of private property without just compensation, and the US Supreme Court agreed. [Read Opinion here.] Background California law gives agricultural employees the right to self-organization and prohibits employers from interfering with that right. The California Agricultural Labor Relations Board (CALRB) passed a regulation that requires labor organizations to… Read More →
US Supreme Court Talks Regulatory Takings in Murr v. Wisconsin
The United States Supreme Court issued a decision in Murr v. Wisconsin last week, siding with the state and holding that two lots adjacent to a river should be considered as one parcel for takings analysis. Perhaps more relevant than the actual holding in the case is the discussion that the court engaged in related to regulatory takings analysis generally. Background The Murr siblings own two 1.25-acre waterfront lots on Lake St. Croix in Wisconsin. The first lot, Lot F, was purchased in 1960 by the Murr parents, and… Read More →
June 30, 2017 Weekly Round Up
This week I spoke to a great group in Sweetwater about leases and estate planning. Welcome to those of you joining from that meeting! There has been so much ag law news happening in the last couple of weeks that my head is still spinning. Here are the highlights. * Jury verdict for Kansas farmers in first Syngenta Viptera/Duracade class action trial. A Kansas jury awarded nearly $218 million to Kansas farmers in this much-watched class action suit, finding that Syngenta was negligent. Syngenta has already said it plans… Read More →
2016 Ag Law Year in Review: State Level
Happy New Year! We are back with Part II in our series looking back at the biggest agricultural law issues of 2016. If you missed Part I, which focused on federal issues, click here. Today, we will be focused on Texas-specific issues. *Jury issues $2.4 million verdict in Bragg v. Edwards Aquifer Authority. The seemingly unending saga of the Bragg case came to an end in 2016. On remand, a Medina County jury issued a judgement in the amount of $2.5 million (exclusive of interest) in favor of the Braggs as… Read More →
July 29, 2016 Weekly Round Up
I’m not sure how it can possibly be the end of July already, but here we are! Hope everyone had a great week. Here are some of the ag law stories in the news. * Edwards Aquifer Authority To Pay $4.5 Million Settlement to Braggs. After 10 years of litigation, the Medina County pecan farmers at the center of one of the biggest water law cases in Texas will be paid by the Edwards Aquifer Authority for a taking of their private property. As you have read about… Read More →
February 26, 2016 Weekly Round Up
Hello and welcome to the last Friday in February! Earlier this week, I was in College Station speaking along with my friend and colleague, Shannon Ferrell, at a program called Petroleum Production on Agricultural Lands in Texas: Managing Risks and Opportunities. We had a great turn out and want to welcome those of you joining us from that presentation! Now, on to the agricultural law news of the week, much of which is water related today. * Breakdown of the Bragg verdict. As you read earlier this week, a… Read More →
Jury Awards $2.5 Million to Braggs
A jury ruled on Monday that the Edwards Aquifer Authority owes $2.5 million in compensation to the Braggs because groundwater permit denials resulted in a regulatory taking. For those of you who might not have been following along, the Braggs filed suit against the EAA back in 2004 after they were denied permits to pump groundwater to irrigate their pecan orchards. The trial court found in favor of the Braggs initially–agreeing that the denials constituted a regulatory taking of the Bragg’s property interest in groundwater–and awarded $732,493.40. Both sides… Read More →
2015 National Agriculture Law Year in Review (Part II)
Today we continue in our review of national agricultural law developments in 2015. If you missed Part I of this series, click here. EPA Revokes Approval for Suloxaflor and Enlist Duo. Just a few weeks ago, the EPA announced it would revoke approval for suloxaflor (active ingredient in Transform) and withdraw its approval for the Enlist Duo. Both were a result of litigation filed by environmental groups challenging the approval of these products. Dow Chemical has stated it is confident that the EPA’s concerns can be addressed quickly… Read More →
United States Supreme Court Finds for Raisin Farmers in Takings Case
It is not that often that an agricultural law issue is before the United States Supreme Court. Yesterday, however, the Court sided with raisin farmers who claimed that a government ag marketing order constituted a taking of their private property for which just compensation was owed. [Read full opinion here.] Factual Background This case involves a claim by the Horne family against the United States Department of Agriculture. The Hornes are raisin farmers and raisin growers in California. In addition to raising their own raisins, they serve as sort… Read More →
Case Offers Example of Regulatory Takings Analysis
Last week, an interesting opinion was issued by the United States Court of Appeals for the Federal Circuit involving a takings claim. In Lost Tree Village Corporation v. United States, the court analyzed whether a Lucas takings claim occurs where the regulation deprives the property of 99.4% of value, but the property could still hypothetically be sold. [Read full opinion here.] Basic Regulatory Takings Law In order to understand the Lost Tree case, it is important to have a basic understanding of regulatory takings law in the United States. The US… Read More →