affirming an award of damages for the *1143 “prospective net revenue” the immature citrus trees would have produced if allowed to reach maturity
How later courts described this case
- affirming an award of damages for the *1143 “prospective net revenue” the immature citrus trees would have produced if allowed to reach maturity
Written by the judges who cited it.
The opinion
GRIMES, Justice,
concurring.
My review of the record convinces me that the Department of Agriculture did not act arbitrarily or capriciously in ordering the destruction of Polk’s trees. In fact, I share Justice McDonald’s view that this was a reasonable course of action based upon the then-existing knowledge of the experts in the industry. It was only later determined that the threat from this form of canker had been overestimated.
Notwithstanding, I join in the majority opinion because I believe that the state should not be able to destroy a person’s uncontaminated property in order to protect the economic interests of a larger group without the payment of just compensation.