Property Rights

Duarte Nursery v. U.S. Army Corps of Engineers

Wheat farmer vs. the federal government: will the Constitution prevail?

John Duarte and Duarte Nursery, in rural Tehama County, California, received a cease and desist order from the U.S. Army Corps of Engineers for engaging in normal farming activities (i.e., plowing) that purportedly affected wetlands. Duarte was not permitted any type of hearing to defend himself.

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