U.S. Supreme Court Embraces Property Owner’s Right to Exclude

Legal
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Oct 24, 2025

Is the Construction Industry Attracting Younger Workers?

According to the 2023 American Community Survey (ACS), the median age of construction labor force is 42 years old — one year older than a typical worker in the national labor force. However, the construction industry has seen an increase in younger skilled labor since the peak of the skilled labor shortage in 2021.

Codes and Standards

Oct 23, 2025

NAHB Requests Member Feedback on ICC Review of International Residential Code

The International Code Council (ICC) has announced it will begin a holistic review of the International Residential Code (IRC), the national model construction code for one- and two-family dwellings that ICC updates every three years.

View all

Latest Economic News

Economics

Oct 24, 2025

Inflation Picks Up in September

Inflation increased in September to the fastest pace since the start of the year, showing tariff pressure on prices continues to materialize gradually, according to the Bureau of Labor Statistics (BLS) latest report.

Economics

Oct 23, 2025

Existing Home Sales Increase in September

Existing home sales rose to a seven-month high in September as mortgage rates eased and inventory improved, according to the National Association of Realtors (NAR). Resale inventory matched to the highest level since May 2020, though it remained below pre-pandemic levels.

Economics

Oct 22, 2025

Where are Porches Most Common for Newly-Built Homes?

Although the share of new homes with porches edged down in 2024, porches continue to rank as the most common outdoor feature on new homes, according to NAHB tabulation of the latest data from the Survey of Construction (SOC, conducted by the U.S. Census Bureau with partial funding from HUD).