NEWS

How much is a destroyed citrus tree worth? $430 or $27?

Mary Wozniak
mwozniak@news-press.com
  • Arbitration session was an attempt to come to a resolution before start of June 26 trial in the case

The courts have ruled the state must pay Lee County residents for destroying 33,975 citrus trees in a failed attempt to stop spread of citrus canker disease. The question is, how much?

The issue was debated by attorneys at a day-long, non-binding arbitration session Thursday, in an attempt to come to a resolution before the start of a June 26 trial. But the gap between each side's calculated value per tree is wide.

Robert Gilbert, attorney for the plaintiffs, said the fair price is $430.10. He would accept that, or as a secondary choice, a flat figure of $14.6 million for all trees.

Wes Parsons, attorney for the state Department of Agriculture and Consumer Service, said the appropriate figure is $27 per tree.

Joseph Farina, retired chief judge of the 11th Judicial Circuit in Miami-Dade County, conducted the arbitration in a meeting room at Marriott Courtyard Hotel in Fort Myers. Farina will make a decision and recommend it to the trial judge.

Farina said his decision would not be made Thursday, and he does not know how long it will take. However, since arbitration is non-binding, neither side has to accept whatever recommendation he makes. Then the trial is on.

The case involves much more than Lee. Gilbert also is attorney for class action lawsuits brought by Broward, Palm Beach, Orange and Miami-Dade counties.

About 660,000 citrus across Florida were taken by the state agriculture department between August 2002-January 2006. All trees within 1,900 feet of a diseased tree were destroyed. The state claimed they had been exposed to citrus canker. The contagious disease weakens citrus trees and blemishes fruit. The fruit becomes less attractive and marketable.

The plaintiffs said the evidence shows the destroyed trees were not diseased.

"We are talking about real people and real property," Gilbert said. "Just like all of us have the right to have private property, if the government has to take it, then it must pay fair value for it."

The attorneys presented evidence to prove their point, showing the value of a citrus tree involves much more than the price you pay at Home Depot or Lowe's.

The replacement value includes discounts for location, condition, and for the state, the species of the tree.

Gilbert said nearly 60 percent of the trees destroyed by the state were in Cape Coral. About 5 percent were in Fort Myers. About 4,000 properties had only one tree destroyed. About 341 parcels had five trees destroyed. A handful of properties – less than 1 percent – had 15 trees destroyed. The average height of a tree taken was 10 feet.

Even if defendants were to prevail and are awarded $430 per tree, the next step is trying to collect it. The state said only the Legislature can give permission to award the money.