The U.S. Supreme Court’s 2020-21 term has yielded a bumper crop of cases affecting property rights, signaling that the court may take an increased interest in property rights cases in the years to come.
The standout ruling among the several handed down by the court is Cedar Point Nursery v. Hassid. Though that case involved a dispute between union organizers and agriculture employers, it resulted in a ruling that is likely to have far-reaching impacts for property owners and the rental housing industry. The High Court ruled in Cedar Point that denial of a property owner’s right to exclude can be considered a physical taking – which is automatically entitled to compensation – rather than a regulatory taking, which is subject to a balancing test more favorable to the government.
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