Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment

Question Presented California law forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation. A divided panel below held that, although the regulation takes an uncompensated easement, it does not effect a per se physical taking of private property because it does not allow “24 hours a day, 365 days a year” occupation. As an eight-judge dissent from denial of rehearing en banc noted, the panel “decision not only contradicts Supreme Court precedent but also causes a conflict split.” The question presented is whether’ the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.