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Fifth Amendment

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Tyler v. Hennepin Cty., No. 22-166, 2023 U.S. LEXIS 2201 (May 25, 2023)

The county's sale of plaintiff's condo at a tax sale to collect delinquent taxes plaintiff owed.  The sale netted a sum greater than the taxes owed.  The county kept the surplus sale proceeds.  That was a taking of plaintiff's property that violated the Fifth Amendment even though state law allowed the county to keep the surplus.  To determine the scope… Read More

Cedar Point Nursery v. Hassid (2021)

The Agricultural Labor Relations Board's access regulation (Cal. Code Regs. tit. 8, § 20900) gives agricultural labor unions a limited right to access to agricultural workers while on their employer's property for an hour before and after work and during the lunch hour for four months out of the year.  This decision holds that the regulation is a per se… Read More

Property Reserve, Inc. v. Superior Court

The Eminent Domain Law’s procedure for allowing condemning authorities to perform pre-condemnation testing of property meets state and federal constitutional requirements so long as it is reformed to allow jury determination of the property owner’s damages from the testing.  Read More