May 7, 2021

May 7, 2021

Your Source for Free Speech,
Talk Radio, Podcasts, and News.

Is Private Property Private Anymore?

by | May 3, 2021 |

Print Friendly, PDF & Email

What is ‘a taking’ under the Fifth Amendment to the Constitution? A case recently argued before the Supreme Court asks when can a state grant access to private property against the owner’s will? This is not simply eminent domain but the power of the state to take control of private property. The opinion, in this case, will most likely be used as justification for both state and federal governments to deprive you of your property rights and give them to a politically favored group.

To understand the issues of this case, we need to recognize two facts. First, while a person is free to exercise their rights, that does not include the authority to infringe on the rights. Second, property is not simply land or goods; it is anything you own and have control over.

The exclusive right of possessing, enjoying, and disposing of a thing; ownership.

Property – Websters 1828 Dictionary

The question posed to the court was when a state grants an easement, A right of use over the property of another,” is that ‘a taking’ under the Fifth Amendment?

California law forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation. Although the regulation takes an uncompensated easement, a divided panel below held that it does not affect a per se physical taking of private property because it does not allow 24 hours a day, 365 days a year” occupation.

Cedar Point Nursery & Fowler Packing Company v. Victoria Hassid – Petition for Write of Certiorari

The law in question is the California Code of Regulations, Title 8, § 20900(e):

Accordingly, the Board will consider the rights of employees under Labor Code Section 1152 to include the right of access by union organizers to the premises of an agricultural employer for the purpose of meeting and talking with employees and soliciting their support,

Cedar Point Nursery & Fowler Packing Company v. Victoria Hassid – Petition for Write of Certiorari

Not surprisingly, the Ninth Circuit Court of Appeals states that the granting of this easement is not ‘a taking’ since it does not allow full-time access for the union officials. This position is patently ridiculous. I want to ask the justices who concurred with this opinion how they would react if I were to take their car three times a day, 120 days of the year, without their permission. Would that not be considered theft? Then how can the State of California grant an easement without the owners permission and not consider that the taking of their property? This case is not a Fifth Amendment taking, but not for the reason the Ninth Circuit stated.

WATCH THE VIDEO ON RUMBLE

 

Takings Clause

This case is not a Fifth Amendment Takings Clause issue because the property wasnt taken for public use.

…nor shall private property be taken for public use, without just compensation.

U.S. Constitution, Amendment V

This California regulation does not take property for the use of the public.

Open for general entertainment; as a public house.

Open to common use; as a public road.

Public – Websters 1828 Dictionary

What California has done is worse than eminent domain. They are not taking property for public use; they have stolen the property of agricultural businesses for private use. They have granted private organizations, in this case, unions, access to private property without the owners permission. By any just legal system, the business owners should be able to charge union organizers who come on their property against their will with trespassing like anyone else.

But if this law isnt a violation of the Takings Clause, does that mean its Constitutional? Not even close. Sadly, for all of the lawyers involved in this case, they couldn’t see this regulation as an obvious violation of the Fifth Amendment.

Property Rights

Just before the Takings Clause in the Fifth Amendment is its Due Process Clause.

nor be deprived of life, liberty, or property, without due process of law;

U.S. Constitution, Amendment V

What California is doing is not taking property for public use. They are clearly depriving the business owners the exclusive right of enjoying and disposing of their property, and they are doing so without due process:

An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.

Due Process – The Free Legal Dictionary

Since this is being done by a state, it not only violates the Fifth Amendment to the Constitution but violates the Fourteenth as well.

nor shall any State deprive any person of life, liberty, or property, without due process of law;

U.S. Constitution, Amendment XIV

What saddens me is that the plaintiffs, as well as all of the agricultural businesses in California, maybe denied justice, not because their cause is not just, but because their lawyers need a remedial reading class. It seems law schools are educating their students into imbecility, and the American people are paying the price. Even if there was a justifiable case of this law being ‘a taking’ under the Fifth Amendment, it would not compensate the businesses for their damage.

If this were ‘a taking,’ what would be just compensation? Would the owner be paid the market price of the land that these union organizers are occupying? Would it be prorated based on the amount of time the union occupied it? What about the lost time of its employees, who the business owner is paying for, that is being disrupted by the union? How would someone go about calculating that? And if this were ‘a taking,’ it would not be the union who would have to pay the business owners, but the people of California through their taxes. Meaning the people of California, including these business owners who are having their property stolen, would be paying for the right of private organizations to disrupt the businesses of others. And not just for past infringements, but future ones as well. If that isnt a twisted view of ‘a public taking,’ I dont know what is.

This would not be the first time courts have used governmentstaking power to steal private property from one person to give it to a private group. The Supreme Court did exactly the same thing in 2004 with the Kelo v. City of New London case. In that case, they found that the City of New London could use eminent domain to take property from Susette Kelo for a fraction of its fair market value in order to give it to the New London Development Corporation, a private nonprofit company that planned to sell the land to Pfizer, Inc. Since the court has previously shown itself more than wiling to play a twisted Robin Hood, stealing from one to give to another simply because the government more favors them, I am not sure what this court will do.

On the other hand, if the court would consider this not a takings case but a deprivation of property, not only would the plaintiffs be on firmer legal ground, but the remedies available to the court would be more just.

Since the case is against the Chair of the Agricultural Labor Relations Board, there is no way for the court to grant compensation from the unions for the damages they have done; that will have to be paid by the taxpayers of the State of California. However, since Victoria Hassid, as the Chair of the Agricultural Labor Relations Board, has violated the rights of the agricultural business owners of California under the color of law, she could not only face civil but criminal charges.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person is an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;

18 USC §242

Rather than simply have the people of California pay for the damages done under this odious and tyrannical regulation, I would like to see those who created and enforced it punished personally for their dereliction of duty and violation of their oaths of office. Until elected officials and bureaucrats are held personally accountable for their actions, there is no incentive for them to obey the laws and exercise only the just powers of the consent of the governed.

Sadly, as much as I would like to see the agricultural businesses of California freed from this regulation, this case does not give the court a judicially cognizable reason to do so. I hope that one day, not only the bureaucrats in California but the people who allow them to keep working are made to pay for the damage they have done to their citizens.

Paul Engel

Author and speaker Paul Engel has spent more than 20 years studying and teaching about both the Bible and the U.S. Constitution. That experience helps Paul explain difficult concepts in a way most people can understand. As one manager described, “Paul can take the most complex idea and explain it in a way my grandmother can understand.” Freely admitting that he “learned more about our Constitution from School House Rock (a Saturday morning cartoon) than in 12 years of school,” he says that anyone can be a constitutional scholar. Since 2014 I have been helping everyday Americans read and study the Constitution of their country and teaching the rising generation to be free. Using news and current events as a springboard, I explain the Constitution and encourage others to stand up and secure the blessings of liberty for themselves, their children, and the nation.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

Use the code ‘OUTLOUD’ and receive your 20% discount on your first order.

Democrat Free Lunch Tab Charged to You and Your Children

Democrat Free Lunch Tab Charged to You and Your Children

Do not forget that those corporate taxes get passed back to most Americans who don’t come close to making yearly $400,000 bonanzas. It also whacks huge numbers of investors, including 53% of American households — 100 million of them — that have lifetime savings held in individual 401(k) and IRA accounts … along with prices we all pay for their services and products we depend upon…

The Hidden Side of Medical Cancel Culture

The Hidden Side of Medical Cancel Culture

Let’s be clear; you aren’t wearing a mask for your health; you are wearing it because you’ve been duped by the medical cancel culture. The same goes for the social distancing and the radical “vaccine” experimentation. The truth is, we have a ways to go before we will be able to tally the full carnage from Coronamania. If we don’t start opening our eyes and ears to…

Florida Governor’s Pen Is Mightier Than The Sword

Florida Governor’s Pen Is Mightier Than The Sword

Florida will fine any business or school $5,000 each time it requires a “VACCINE PASSPORT” or proof of COVID 19 vaccination. DeSantis states, “I was proud to sign landmark legislation to protect individual liberties. SB 2006 Bans Vaccine Passports; Prohibits Indefinite Lockdowns; Ends Local Restrictions on Small Businesses; and Bolsters Emergency Preparedness for Future Health Emergencies.”

Soros in Myanmar, and Soros in Maricopa – Same Game

Soros in Myanmar, and Soros in Maricopa – Same Game

More and more evidence is being uncovered almost daily, revealing the nefarious forces who are actively involved in trying to “fundamentally transform” this country. One of the driving forces is the George Soros organization, which has been hard at work trying to change the face of America not just in national elections, but also at the grassroots level…

The Two Minute Hate is Now 24/7

The Two Minute Hate is Now 24/7

In George Orwell’s prophetic dystopian novel 1984, all citizens of the tyrannical country of Oceania must participate in a daily public ritual called the Two Minute Hate. What we are now seeing and hearing from the Leftist Marxist Democratic Socialists is a new version of the Two Minute Hate. “Get in their face!” screams Maxine Waters. “Confront them in restaurants!” …

Joe Biden is Unfit to be Commander-in-Chief

Joe Biden is Unfit to be Commander-in-Chief

While Biden is contemplating his navel for more twisted ‘inspirations,’ and while the Democrats and leftists are undergoing an unrelenting process of intellectual masturbation, China, Russia, North Korea, Ayatollahs, and Fundamentalist Muslims, are sharpening their knives to slice bits from America’s allies to start with, and slaughter the USA later…

Conservative Leadership, Where is it?

Conservative Leadership, Where is it?

There is a double standard of justice under which Republican politicians, except those who served under Trump and newbies who refuse to play the game, feel the warming embrace of security from prosecution so long as things remain the same. One must wonder why Hillary Clinton isn’t in the dock yet. Her crimes, and Obama’s, and now, even John Kerry’s, are simply ignored by the DoJ, the FBI, and the media…

What Kind of HATE Lets Fellow Americans Go Hungry?

What Kind of HATE Lets Fellow Americans Go Hungry?

Conservatives are usually too busy working, being productive, and moving forward in life to bother with such negative stuff. Leftists, on the other hand, many unemployed and living on the taxpayer’s dole, have the time and an agenda that includes demolishing their “enemies.” It’s their way of taking from the “haves” and giving to the “have-nots.” Saul Alinsky, the father of…

How Capitalism Dies

How Capitalism Dies

Will our economy be able to grow enough to make all of this spending affordable, or are we going to change the basic framework of our economy such that we go into a death spiral? Joe Biden and Kamala Harris promise to build a nation of ‘equity.’ In other words, goodbye capitalism, and hello the government being the provider of all things. If so, our economy will go into its death throes, and though like the Titanic…

The Woke Revolution Is Driving America Towards Communism

The Woke Revolution Is Driving America Towards Communism

Socialists tell us that they will feed, clothe and shelter us with access to free medical care as long as we keep them in power. But this is really a form of slavery, dependent on coercion and the suppression of human freedom. Socialism ties people to the government, just as medieval landlords tied their serfs to the land. The framers of our constitution knew that the system they established could only survive if it were fought for.

Your Source for Free Speech, Talk Radio, Podcasts, and News

 

Here we take on the challenges of our generation so that we can preserve future generations.

LISTEN on the iHeart Radio Network

iHeartRadio

Get the Free APP to listen to great talk radio and podcast:

Free APP

Subscribe and Listen on Your Favorite APP

Apple Podcasts
Google Podcasts
Spotify
Pandora
Tunein
iHeart
Stitcher

If you love to listen, you'll love America Out Loud Podcasts!

Our Columnists and Show Hosts

Apple Podcasts
Share via
Copy link
Powered by Social Snap