Eminent Domain and Renewable Energy
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Eminent domain is government’s ability to take private land for a public purpose in exchange for just compensation. Can the public purpose stretch to cover renewable energy projects?
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Another Government Flooding Takings Case!
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On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their federal inverse condemnation claims against the State of Texas through the existing state law.
Read MoreProp 12: Supreme Court Rejects Challenge to California's Law Impacting National Hog Market
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On May 11, 2023, the U.S. Supreme Court dismissed a challenge to California’s Prop 12 law, dealing a blow to livestock agriculture.
Read MoreHow Did Prop 12 Become a Morality Case?
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The U.S. Supreme Court recently held argument on California’s Prop 12, which bans the sale of pork from hogs that don’t meet the state’s production standards. In this agriculture case, why were the Justices so focused on a state’s ability to legislate morality across state lines?
Read MoreSupreme Court will Consider Whether California Pork Law Violates Constitution
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On March 28, the Supreme Court of the United States agreed to decide whether pork producers can sue over California’s Proposition 12, which regulates pork farmers’ practices nationwide.
Read MoreFederal Court Rules on Iowa and Arkansas "Ag Gag" Laws
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The First Amendment does not protect all speech. A federal appeals court just ruled it does not give a person the right to gain access to a farm by “false pretenses.” On the other hand, the court held the First Amendment does protect certain false statements made as part of an employment application.
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As America turns 250, it is time to revisit whether our system for owning and conveying real property is ready for the next century.