About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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 NEIGHBORS: SOLUTIONS TO THE DISPUTE BETWEEN BEEKEEPERS AND CITRUS GROWERS IN CALIFORNIA'S SAN JOAQUIN VALLEY I. INTRODUCTION 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. 3Id. ' 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. 227

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most