Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

Robert I am working on a more fleshed out reply to this. Just wanted you to know. The Cedar Point case expands regulatory takings law, but like any case it has some degree of uncertainty to future application.

One reason for caution is it was arguably a rare ‘outlier’ in its facts: the CA code made a poor choice of words in allowing union reps onto private land (to inform migrant laborers about their rights), by mandating that the union “take access”. Rogers led his argument by a textual plain language approach noting the word “take” is what is. So in 20 years we may find Cedar Point seems a ‘sea change’ superficially but in reality it only captured a single, unlucky boat in its storm. ((Or … maybe Rogers built it as a bridge to the likely final phase of his career ….to elevate individual property rights?).

The case’s possible legal fit with tradition & application to F/F requires more thought. More to follow. GLTA. I feel for you guys.