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

In controlling diseases, governments take actions that denigrate property interests. Losses by property owners under a citrus canker eradication program led to a legal challenge concerning the Florida state government's authority to destroy property without compensation. A court adopted time-based rights to determine when the state needed to pay for property destroyed. Time-based rights have also been adopted by state legislatures to limit nuisance actions against agricultural producers. This paper addresses the adoption of time-based rights to determine whether the changes from space-based to time-based rights provide a superior response for eradicating plant diseases and responding to nuisances. The changes are projected to lead to different producer responses which in turn will affect agricultural production.

► We examine who should pay for the destruction of property in controlling a disease.
► Governments may destroy property in emergencies and to prevent public nuisances.
► Courts and legislatures may define time-based or space-based property rights.
► Time-based rights have been adopted to limit nuisance actions against agricultural producers.
► Legislative assignments of time-based property rights may diminish social welfare.