State Loses Major Canker-Sore Takings Case

August 3, 2012 | Erin Herbold and Erika Eckley


The Florida Court of Appeals has held that a Florida Department of Agriculture and Consumer Services (DACS) rule requiring the destruction of healthy trees within 1,900 feet of trees infected with citrus canker amounts to a taking of private property, and required the state to pay a multi-million dollar judgment to the affected landowners.   The case is striking for how the court viewed the agency action, and the court’s respect for property rights.

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