SB25-128, Agricultural Worker Service Providers Access Private Property, passed out of the Senate Ag committee on February 27. While this bill may not apply to all our members, it is important for the private property rights of all business owners.
CNGA has been participating with other ag groups in a lawsuit against the state of Colorado concerning the constitutionality of this section of Senate Bill 21-087 (2021). Adopted by the General Assembly in 2021, Senate Bill 87 requires that agricultural employers allow so-called “key service providers” access to any location on their property, without notice, whenever they wish to contact an employee who is on a break or otherwise not working
SB25-128 repeals specific provisions of this bill. This action is in response to the U.S. Supreme Court’s decision in Cedar Point Nursery v. Hassid (2021), which determined that granting third-party access to private agricultural property constitutes a per se physical taking, thereby requiring just compensation under the Fifth and Fourteenth Amendments. Consequently, the Colorado General Assembly has identified similar provisions in its laws as unconstitutional and unenforceable, leading to their repeal.
The repealed provisions had been part of Senate Bill 21-087, known as the Agricultural Workers’ Rights law, enacted in June 2021. This law aimed to enhance labor protections for agricultural workers, including ensuring their access to key service providers such as healthcare workers, legal advocates, and educators. However, following the Cedar Point Nursery ruling, these access provisions were challenged legally, with opponents arguing that they infringed upon property owners’ rights by allowing unauthorized entry onto private land.
By repealing these specific access provisions, the bill seeks to align Colorado’s statutes with constitutional requirements, balancing the property rights of agricultural employers with the need to protect workers’ access to essential services.
