A Supreme Court ruling opening the way to litigation could cost the state billions, says a foe of the citrus canker war.
By Associated Press
Published February 14, 2004
ORLANDO - How much money homeowners will get for trees taken by the state in the citrus canker war may pivot on 40 words in Thursday's Florida Supreme Court decision upholding a law giving the Agriculture Department authority to cut the trees down.
"We emphasize that the fact that the Legislature has determined that all citrus trees within 1,900 feet of an infected tree must be destroyed does not necessarily support a finding that healthy, but exposed, residential citrus trees have no value," Justice Barbara Pariente wrote in the ruling.
Those words acknowledge that the trees are worth something even though they may have been exposed to citrus canker, opponents of the law said Friday. And that could lead to a flood of lawsuits against the state by homeowners wanting compensation beyond the $100 Wal-Mart voucher given for a first tree destroyed and the $55 for each additional one cut.
"The court almost invited people to seek an award through the courts, higher than was provided in the statute," said Brian Patchen, a Miami attorney who sued the state in a separate case to be compensated for his citrus trees.
"It could wind up being a multibillion-dollar issue," said Andrew Meyers, an attorney who represented Broward County in challenging the canker law. "Full compensation" would include the costs of attorneys and appraisers, which could force the state to pay as much as $9,000 a tree, he said.
Liz Compton, a spokeswoman for the Department of Agriculture, said the attorneys were jumping the gun. The Florida Supreme Court has yet to rule on Patchen's case, which could determine whether the state must reimburse homeowners and, if so, by how much.
"Our position is that they're not worth anything," Compton said.
Both sides acknowledged, though, that Thursday's ruling indicates the justices are leaning toward some compensation for homeowners.
The state has allocated $1-million to reimburse homeowners for trees. The voucher program, administered by the federal government, has more than $4-million.
The state has cut down 650,000 residential trees since 1995.
