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State and Local Government › Constitutional Challenges › Private Property

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

Butler Snow LLP on

On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

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The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

Sheppard Mullin Richter & Hampton LLP on

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Spilman Thomas & Battle, PLLC

The Saga of Pennsylvania's Act 13 Comes to an End

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With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

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