State v. Shack

In Jacque v. Steenberg Homes, the landowner has the legal right to exclude others from his private property. As you read Shack v. State, think about why farmer Tedesco did not have the right to exclude Shack and Tejeras. Are the cases inconsistent? If not, what are the differences that justify different results?  In answering this question, pay close attention to the different sources of law the two courts court relied upon.

How would you characterize the property rights to the farm after this case? Did the farmworkers acquired a right in Tedesco’s land—a right to allow others to cross the land? If so, how did they acquire that right? If not, who has what rights? 

In 2021 the Supreme Court decided Cedar Point Nursery v. Hassid which concluded that a California statute that required farmowners to allow union organizers specified access to their property was a per se taking of private property. This case calls State v. Shack into question. But because the factualy situation in Cedar Point Nursery was very different , the principles articulated in State v. Shack may well survive.