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The Takings Clause of the Fifth Amendment requires the government to pay just compensation when it takes private property for a public use. But according to a 1949 “Marketing Order Regulating the Handling of Raisins Produced from Grapes Grown in California,” the U.S. Department of Agriculture is permitted to demand a portion of each year’s California raisin crop, free of charge. The title to those raisins passes to an entity known as the Raisin Administrative Committee, which is allowed to use the raisins for its own purposes. Those purposes include giving the raisins away for free to school lunch programs or selling them for foreign export. If it sells them, it gets to use the proceeds to fund its own operations.
In a decision issued today in Horne v. Department of Agriculture, the U.S. Supreme Court struck down the USDA’s raisin confiscation scheme as an unconstitutional violation of the Fifth Amendment.
“The reserve requirement imposed by the Raisin Committee is a clear physical taking,” observed Chief Justice John Roberts. “Actual raisins are transferred from the growers to the Government. Title to the raisins passes to the Raisin Committee.” That is a textbook example of an uncompensated government taking of private property, Roberts held, and it therefore must fall under the plain text of the Fifth Amendment.
originally posted by: mojom
a reply to: bigfatfurrytexan
Maybe the raisin industry should give him a call then. The down side of course is that should they actually win the Gov. just pays them with taxpayer money anyway which means the people just lose twice. Funny how that always works like that isn't it. They Gov. steals and we pay. They get caught stealing and are forced to pay back for what they steal and we pay again. Somehow we get the sh*t end of it every time.
originally posted by: bigfatfurrytexan
a reply to: ketsuko
Sure they produce goods and services
through the sale of seized assets, mostly those gained through tax evasion and drug sales. Which is interesting, because another big money maker for the government is through production and sales of narcotics.
And it isn't new....recall The Opium Wars. War as a racket is something we are long accustomed to.