Steelman · slot C
The undisclosed-detection problem
A property-rights litigator would argue —Strip away the bug and look at the procedure. The state drew a quarantine zone around Collins's property based on a detection it would not disclose. It offered him three compliance options his lawsuit credibly describes as physically impossible on his acreage. At the administrative hearing, CDFA could not produce evidence that a single tree on Evergreen's property was infected — and the destruction order issued anyway. Whatever one thinks of citrus policy, a regime in which an agency can destroy $3 million in private property without showing infection, on the basis of undisclosed evidence about a neighbor's land, is not due process. It's an outcome searching for a procedure.