Arron Benedetti, et al. v. Marin County, California, et al.

Owners of agriculturally zoned land in Marin County, California, may lawfully build a single-family residence on their property. But the County refuses to issue a residential building permit unless the landowner records a restrictive covenant limiting ownership to commercial farmers who actively and directly farm the land. The covenant runs with the land in perpetuity, binding all future owners. The California Court of Appeal upheld the requirements, finding that forcing property owners to be commercial farmers furthers the County’s goal of “maintain[ing] agriculture as a viable industry.” The questions presented are:

1. Whether Marin County may, under its power to promote the public health, safety, morals, or general welfare, compel private landowners to enter and permanently remain in a government-chosen occupation as a condition of a residential development permit?

2. Whether the Due Process Clause of the Fourteenth Amendment—which protects the fundamental right to “engage in any of the common occupations of life,” Meyer v. Nebraska, 262 U.S. 390, 399 (1923)—also encompasses the fundamental right not to be forced into an occupation of the government’s choosing?