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September 16, 2021

Keep Out And Stay Out: The Cedar Point Decision And The Landowner’s Sine Qua Non Right To Exclude Others (Maybe Sometimes Even A Government Official)

The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between “regulation” of the use of private property by its owner, and “physical invasion” or “appropriation” of property by the government.