Appellate Court Says State Should Pay $13.6M in Citrus Fight
The Department of Agriculture and Consumer Services in 2003 cut down 33,957 healthy citrus trees on 11,811 residential properties, as the department tried to combat citrus canker, which can cause major damage and spread rapidly.
November 14, 2019 at 01:08 PM
4 minute read
In a legal battle that started in 2003, an appeals court upheld a ruling that directed the state to pay more than $13.6 million to Lee County homeowners whose healthy citrus trees were cut down amid an effort to halt the spread of citrus-canker disease.
A panel of the Second District Court of Appeal rejected arguments that the Florida Department of Agriculture and Consumer Services could not pay the thousands of homeowners because the Legislature had not approved the money. It said that sections of state law cited by the department were unconstitutional "as applied" to the case.
The appeals court reached that conclusion because of part of the Florida Constitution that bars the government from taking property without paying full compensation. In doing so, it upheld a ruling by a Lee County circuit judge.
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