State gets sued for giving ‘trespassers’ rights to agricultural property
A state with a large presence of agricultural properties has adopted a law giving ‘trespassers’ a right to access those lands while speaking to workers there, despite a Supreme Court precedent that struck down that very strategy in another state.
It is Colorado that adopted recently an Agricultural Workers’ Rights law that requires those landowners to provide access to those visitors, or “service providers” such as union officials or counselors, who want to contact their workers on site.
The state’s decision came despite the fact the Supreme Court ruled in Cedar Point Nursery v. Hassid just last year that a similar California statute was invalid because its “access regulation [that] appropriates a right to invade growers’ property .. constitutes a per se physical taking.”
So now Colorado, too, is facing a lawsuit over its “taking.” – READ MORE
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