Wednesday, November 21, 2012

Raisins Going to the Supreme Court on Takings Clause

Just when it seems as if the "takings clause revolution" is over, it re-emerges.  This time, the property is not a "little pink house," but raisins. 

The United States Supreme Court has granted certiorari in Horne v. USDA.  As we discussed last year, the Ninth Circuit upheld the constitutionality of a USDA regulatory scheme regarding raisins against a takings clause challenge.  The central requirement at issue mandates that a certain percentage of a raisins be put in "reserve" each year - - - this fluctuates yearly and by controlling raisins on the market is a means of indirectly controlling prices. The Hornes argued that  "the requirement that they contribute a specified percentage of their annual raisin crop to the government-controlled reserve pool constitutes an uncompensated per se taking in violation of the Fifth Amendment."

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Fifth Amendment, Supreme Court (US), Takings Clause | Permalink

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