Controlling diseases and nuisances: Time-based rights and agricultural production

Centner, Terence J.; Ferreira, Susana

doi:10.1016/j.landusepol.2011.09.006

Cited by 2 publications

(1 citation statement)

References 33 publications

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“…It also expands owners' rights in their properties as the decision failed to recognize duties of owners to refrain from activities that harm others. While augmenting property rights may have considerable appeal to citizens, legislatures and courts, a weightier question is whether governments should be burdened with compensating property owners for proscribing harmful and noxious property uses (Centner & Ferreira, 2012). Governmental actions that damage or destroy property to control a pest or stop a nuisance are intended to further overall social well-being.…”

Section: Discussionmentioning

confidence: 99%

Ability of governments to take actions to confront incursions of diseases – a case study: citrus canker in Florida

Centner

Ferreira

2011

Plant Pathology

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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 with industry, may want to develop a more comprehensive accounting of scientific data and procedures that justify an eradication programme's actions. This paper identifies three problems regarding Florida's efforts to eradicate citrus canker so that scientists, affected industries, and governments can employ an objective reassessment mechanism to support their actions without legal interference.

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Section: Discussionmentioning

confidence: 99%

Ability of governments to take actions to confront incursions of diseases – a case study: citrus canker in Florida

Centner

Ferreira

2011

Plant Pathology

View full text Add to dashboard Cite

show abstract

Securing recompense under nuisance law for crop damages from pesticide applications

Centner

2012

Science of The Total Environment

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Controlling diseases and nuisances: Time-based rights and agricultural production

Cited by 2 publications

References 33 publications

Ability of governments to take actions to confront incursions of diseases – a case study: citrus canker in Florida

Ability of governments to take actions to confront incursions of diseases – a case study: citrus canker in Florida

Securing recompense under nuisance law for crop damages from pesticide applications

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