Malbrain v. Department of Agriculture
Court of Appeals of Washington
1Opinion of the CourtBecker, C.J.
— To prevent a widespread infestation by the citrus longhorned beetle, a dangerous pest, the State Department of Agriculture undertook to destroy all potential host trees near a location in Tukwila where five beetles accidentally escaped from quarantine. Litigation arose when several landowners refused to allow their trees to be destroyed unless they first received compensation. Because the Department justifiably took action necessary to avert a public calamity, the takings clause1 did not require compensation to the owners of the trees. The order requiring the Department to pay compensation…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Mugler v. KansasSupreme Court of the United States · 1887
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
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3Cited by2 opinions
- Malbrain v. Washington State Department of AgricultureSupreme Court of the United States · 2005
- Tazmina Verjee-van & Brian Van v. Pierce CountyCourt of Appeals of Washington · 2018