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Board Announcement Concerning the Board’s Access Regulation (§ 20900) in Light of the Supreme Court’s Opinion in Cedar Point Nursery v. Hassid
On Wednesday, June 23, 2021, the United States Supreme Court issued its opinion in Cedar Point Nursery v. Hassid, case no. 20-107. The Court’s opinion is available on the Supreme Court’s website at https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf
The Court held that the Board’s access regulation (Cal. Code Regs., tit. 8, § 20900) constitutes a per se physical taking under the Fifth Amendment. In light of the Court’s decision, and until further notice, the Board will no longer accept Notices of Intent to Take Access filed pursuant to Board regulation 20900. For Notices of Intent to Take Access validly filed before issuance of the Court’s opinion today but for which the 30-day period described in regulation 20900, subdivision (e)(1)(B) has not yet expired, access pursuant to such notice shall no longer be deemed valid, effective immediately.