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Constitutional Law

Jun. 26, 2015

Ruling a win for property rights, limited government

A recent decision by the U.S. high court shows that, at least in some cases, property owners may successfully challenge an unconstitutional taking before submitting to it. By Christopher M. Kieser and Brian T. Hodges


By Christopher M. Kieser and Brian T. Hodges


In a decision issued this week, the U.S. Supreme Court ruled in favor of Fresno-area
raisin farmers Marvin and Laura Horne, concluding that a program requiring raisin
growers to hand over up to half of their annual crop to the government violated the
takings clause of the Fifth Amendment.


The dispute in Horne v. Department of Agricultur...

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