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News & Investigations

News and Investigations

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Has the U.S. Government Taken a Portion of Your Raisin Crop for Public Use?

Under a New U.S. Supreme Court Ruling,
You May Be Entitled to "Just Compensation"

Earlier this year, the U.S. Supreme Court considered the case of “reserve raisins.” In a program dating back to the New Deal, the Supreme Court, for the first time, held that government rules that require growers to turn over a portion of their raisin crop violate the Takings Clause of the 5th Amendment to the U.S. Constitution.

The case involved Marvin Horne, a California raisin grower that refused to comply with the government’s “reserve requirement” and was fined $680,000 for the value of the raisins and an additional civil penalty. The Horne family challenged the fine, and the Supreme Court, in a decision authored by Chief Justice John Roberts, ultimately decided that the government’s actions amounted to an unconstitutional taking without just compensation.

The government most recently implemented this “reserve requirement,” under which growers must hand over a portion of their crop to the government with litttle-to-no compensation, during the 2009-10 crop year.

Growers who have had their raisins taken by the federal government, including the Raisin Administrative Committee, in the past ten years may now be entitled to a refund equal to the fair market value of the raisins.

If you or your business has had raisins taken by the government, please contact us by completing the form (at right) or call Noah Schubert at 415.788.4220 for a free legal consultation.

InvestigationsNoah Schubert