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September 19, 2013

Will This Florida Case End Gestation-Crate Legislation?

In an article published by PorkNetwork, Faegre Baker Daniels associate Scott Halbur discusses a gestational-crate case brought on by Basford Farms, which involved an inverse condemnation action against the State of Florida to recover lost value of its facilities. Basford Farms claimed the barns could not be cost effectively converted to pen gestation or be used for any purpose other than "high volume" pork production, and that the State of Florida should reimburse them for rendering their facilities unusable without gestation crates. 

In July 2013, the Florida First District Court of Appeals affirmed a trial court's award of damages to Basford Farms in the amount of $505,000. Halbur goes on to examine whether or not the Basford Farms case can be used in other states with similar legislation.

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