Horne v. Department of Agriculture
Supreme Court
135 S. Ct. 2419 (2015)
Relevant factsFree
A USDA order (defendant) required raisin farmers to set aside a portion of their crop for the government, which sold the raisins to stabilize the market and kept the proceeds; the Hornes (plaintiffs) refused to comply in 2002 and were fined, then sued claiming the order was an unconstitutional taking. The Ninth Circuit held no taking occurred, and the Supreme Court granted certiorari.
IssueFree
Whether a governmental mandate to relinquish specific, identifiable, and safe personal property as a condition of engaging in commerce is a per se taking requiring just compensation.