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ARTICLE · 22 NOVEMBER 2012

Supreme Court Docket Report - November 21, 2012

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The Takings Clause of the Fifth Amendment to the U.S. Constitution provides that private property shall not be taken for public use without just compensation.

United StatesLitigation, Mediation & Arbitration
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Editor: Richard B. Katskee

Keywords: takings clause, government enforcement actions, AMAA, USDA

On November 21, 2012 the Supreme Court granted certiorari in one case of interest to the business community:

Takings Clause—Agricultural Producers—Government Enforcement Actions

The Takings Clause of the Fifth Amendment to the U.S. Constitution provides that private property shall not be taken for public use without just compensation. The Agricultural Marketing Agreement Act of 1937 ("AMAA"), 7 U.S.C. § 601 et seq., and its regulations, 7 C.F.R. Part 989, require "handlers" of raisins (i.e., those who process and pack raisins for distribution) to turn over to a federal entity a percentage of the raisins that they process in order to be allowed to sell the remainder on the open market. The AMAA also requires handlers to exhaust all claims and defenses in enforcement actions before the United States Department of Agriculture, with exclusive jurisdiction for

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