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17 San Joaquin Agric. L. Rev. 227 (2007-2008)
Honeybee Nice to Your Neighbors: Solutions to the Dispute between Beekeepers and Citrus Growers in California's San Joaquin Valley

handle is hein.journals/sjlar17 and id is 241 raw text is: HONEYBEE NICE TO YOUR
In 2006 in California's Tulare County, a dispute arose between Para-
mount Citrus and local beekeepers relating to a seedless variety of manda-
rin, the W. Murcott, which becomes seeded when cross-pollination with
other citrus varieties occurs.' Paramount Citrus threatened to sue the local
beekeepers if they did not keep their honeybees at least two miles from
the seedless mandarin crop, claiming the seediness occurred as a result of
honeybee pollination.2 The legal theories of the threatened suit would
have been trespass, based on unlawful entry by the honeybees, and nui-
sance, based on the interference with the use and enjoyment of land.3
Although Paramount Citrus planted the mandarins in a citrus area where
honeybees had been used as a method of pollination for decades, it ex-
pected recompense for the lost profits from its seeded mandarins, which
receive a lower price at market than seedless mandarins.4 Currently, it
appears Paramount Citrus has decided that legislative rather than judicial
action would be effective to impose limitations on beekeepers.'
This Comment examines the law of trespass, nuisance, right-to-farm
statutes, and apiary protection statutes as they relate to this dispute, con-
cluding Tulare County beekeepers are likely to prevail if any judicial ac-
Dennis Pollock, Plight of the Honeybees, FRESNO BEE, May 10, 2006 at C1-C2.
2 Id.
' Dennis Pollock, The Fruit and the Bees, FRESNO BEE, Sept. 27, 2007, available at
http://www.fresnobee.com/business/story/149619.htm (indicating that seeded mandarins
sell for one-quarter of the price that seedless mandarins sell for).
' See generally Assemb. B. 771, 2007-08 Reg. Sess. (Cal. 2007), Amended, Version
Date: July 12, 2007, available at http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0751-0800/
ab_77 1bill_20070712_amended senv93.pdf.


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