2011
DOI: 10.1111/j.1365-3059.2011.02575.x
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Ability of governments to take actions to confront incursions of diseases – a case study: citrus canker in Florida

Abstract: When governments take actions under their police powers to prevent incursions of diseases, they may damage or destroy private property and a question arises of who should pay for property losses. A court in Florida concluded that the state needed to pay for property destroyed under a citrus canker eradication programme. Because this interpretation of the Florida Constitution's Just Compensation Clause makes it more difficult to administer a successful eradication programme, governments and scientists, working … Show more

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Cited by 13 publications
(12 citation statements)
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“…Valencia sweet orange, a study performed in Guatambu, Santa Catarina, Brazil (hardiness zone 10, i.e. Scientific evidence was in support of the citrus canker eradication programme settled in Florida and known as the -1900 ft exposure zone‖ in Florida law Centner and Ferreira, 2012). citri pathotype A has established and is controlled by IPM (integrated pest management), each 1 % of disease incidence increase on fruit corresponds to an estimated loss of 2.16 kg (21.3 oranges) per tree (Brugnara et al, 2012).…”
Section: Examples Of Impact In the Area Of Current Distributionmentioning
confidence: 97%
See 1 more Smart Citation
“…Valencia sweet orange, a study performed in Guatambu, Santa Catarina, Brazil (hardiness zone 10, i.e. Scientific evidence was in support of the citrus canker eradication programme settled in Florida and known as the -1900 ft exposure zone‖ in Florida law Centner and Ferreira, 2012). citri pathotype A has established and is controlled by IPM (integrated pest management), each 1 % of disease incidence increase on fruit corresponds to an estimated loss of 2.16 kg (21.3 oranges) per tree (Brugnara et al, 2012).…”
Section: Examples Of Impact In the Area Of Current Distributionmentioning
confidence: 97%
“…a geographically defined area in which a specific category of plant is capable of growing, as defined by climatic conditions, including its ability to withstand the minimum temperatures of the zone; for example, hardiness zone 10 corresponds to an area where the considered plant species can withstand a minimum temperature of -1 °C), a state where X. citri pv. This interpretation of the Florida Constitution's Just Compensation Clause makes it more difficult to administer a successful eradication programme (Centner and Ferreira, 2012). In Brazil, percentages of harvested sweet orange fruit varied from 44.2 to 92.9 % during three consecutive years in canker-infected orchards with no control, neither copper sprays nor windbreaks (Behlau et al, 2008).…”
Section: Examples Of Impact In the Area Of Current Distributionmentioning
confidence: 99%
“…As a result of litigation commencing in 1989, EPA agreed to develop rules for CAFO discharges that would comply with the Clean Water Act. In 2003In , 2008In , and 2012, EPA adopted revised regulatory provisions for CAFOs. Agricultural lawyers continue to advise CAFO operators on the requirements delineated by the regulatory and judicial changes to the federal provisions.…”
Section: Environmental Issuesmentioning
confidence: 99%
“…Given recent occurrences of citrus canker, citrus greening, mad cow disease (bovine spongiform encephalopathy), avian influenza, and H1N1 (swine) flu, governments have sometimes taken strong actions to eradicate a disease. Questions arise about who should pay for property that is destroyed or damaged by governmental actions (Centner and Ferreira, 2012).…”
Section: Other Issuesmentioning
confidence: 99%
“…The manipulative action of removing infected coral colonies is clearly a drastic management response with numerous challenges that include ethical considerations and regulatory permit complications, yet the rapid and near total collapse of local coral populations during this multiyear outbreak requires that drastic actions are needed to slow the spread of this and future diseases that threaten what remains of our already endangered coral reefs. Similar management policies have been implemented where large swaths of vegetation are commonly eradicated in terrestrial systems with varying degrees of success (Gottwald et al 2001, Sosnowski et al 2009, Centner and Ferreira 2012. This is a common practice, especially when valuable cash crops such as citrus groves are at risk from disease (Hall and Gottwald 2011).…”
Section: Management Responsibilitymentioning
confidence: 99%