U.S. Supreme Court Embraces Property Owner’s Right to Exclude
The U.S. Supreme Court today issued a Fifth Amendment “takings” decision that is a win for property owners. The Fifth Amendment provides that the government may not take private property unless it pays the owner just compensation.
In this case, a California regulation granted labor organizers a right to access a farmer’s property to solicit support for unionization. The regulation allowed the organizers access for up to three hours a day, 120 days per year. The farmer argued that allowing the organizers on their property was an unconstitutional “physical taking” of their property.
The majority of the Supreme Court agreed. Chief Justice John Roberts, joined by five other justices, explained that the a “central importance” of property ownership is the “right to exclude” others.
The lower court and the dissent took the view that the regulation did not cause a ”physical taking“ because it did not allow a permanent and continuous invasion (24 hours a day, 365 days per year) of the farmer’s property.
The Supreme Court majority tore apart this argument by explaining that it does not matter if the government only invades a person’s property for 364 days, instead of 365 days; the fact that the invasion is from time to time does not make it any less physical.
In its conclusion, the Supreme Court did recognize that not all government invasions of private property require compensation. It provided examples of making an arrest, requiring a landowner to provide access in exchange for a permit, or abating a nuisance on private property. None of these amount to a taking of private property.
Latest from NAHBNow
Dec 12, 2025
Preventing Cold, Flu and COVID Illnesses on Jobsites Starts with a PlanIn the construction industry, working outdoors may appear to create less risk for catching a cold, flu, and COVID-19, but it’s crucial to understand that these illnesses can still spread while working in close proximity in any conditions.
Dec 11, 2025
FHA Announces Forward Mortgage Loan Limits for 2026The Federal Housing Administration (FHA) today announced its 2026 Nationwide Forward Mortgage Loan Limits, which provides the maximum mortgage loan limits for single-family homes that are insured by the FHA.
Latest Economic News
Dec 11, 2025
Homeownership Rate Inches Up to 65.3%The latest homeownership rate rose to 65.3% in the third quarter of 2025, according to the Census’s Housing Vacancy Survey (HVS).
Dec 10, 2025
No Risk-Free Path: Fed Eases Monetary PolicyThe central bank’s Federal Open Market Committee (FOMC) cut rates a third and final time in 2025, reducing the target range for the federal funds rate by 25 basis points to a 3.5% to 3.75% range. This reduction will help reduce financing costs of builder and developer loans.
Dec 09, 2025
Construction Labor Market StableThe count of open, unfilled positions in the construction industry was relatively unchanged in October, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from two years ago due to declines in construction activity, particularly in housing.