State Loses Major Canker-Sore Takings Case
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.
The Center for Agricultural Law and Taxation does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. The Center's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.