Archive for 2006

I attended the IRCL closed door meeting yesterday at which Andy La Vigne and Michael Carlton gave an update from Florida Citrus Mutual about the evolution of the Citrus Canker Eradication Program to the new BMP-based management program until a better strategy for eradication ( such as chemical response or disease resistant varieties) can be…

This morning I participated in a conference call on the USDA’s suspension of the Canker eradication program. Attached is the letter from USDA regarding the same. This is now evolving into a management plan with only infected trees being removed and possibly a small buffer, but nothing certain on that now. The new program should…

As you may be aware, our firm has developed a Citrus Canker Task Force to assist citrus growers in addressing the legal issues involved when canker is detected. As a service to our clients, our Task Force has begun compiling and disseminating pertinent information to those affected often before it hits the newsstand. As one…

Michael D. Minton, Esq. Christopher R. D’Amico, Esq. Bradley R. Gould, Esq. Facts The U.S. Department of Agriculture (“USDA”) has established provisions under which eligible owners of commercial citrus groves can, subject to availability of appropriate funds, receive payments to recover production income and recover the costs of the loss of citrus trees as a…

Mark R. Leavitt, Esq. Citrus Canker has the potential to pit two legal doctrines against each other. Both the Florida Constitution and the U.S. Constitution require that the government may not take (or destroy) private property without paying compensation. Additionally, both the Federal and Florida Constitution require that due process (usually court proceedings) be made…

The presence of or exposure to citrus canker poses a serious concern to commercial citrus growers, residential property owners and purchasers of the same. Florida courts have in the past endorsed what is referred to as the Caveat Emptor or “buyer beware” position regarding the extent of what a seller of property was required to…

The U.S. Department of Agriculture (“USDA”) had established provisions under which eligible owners of commercial citrus groves could, subject to availability of funds, receive payments to recover lost production income and recover the costs of the loss of citrus trees as a result of the removal of commercial citrus trees to control the spread of…