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of the second year. Statistically, however, any such production
was incidental and not necessarily representative of an average
pattern for preproductive periods. Petitioner’s experts also
confirmed that the corporation took full advantage of the newest
technology. In that regard, one of petitioner’s experts opined
that technology was to a point where the fourth year standard or
convention for citrus development, as had been contained in
repealed section 278, was no longer the standard. Petitioner’s
experts concluded that the corporation’s use of advanced
technology likely caused the citrus trees to begin producing
earlier than would have been experienced under older technology.
During the years under consideration, it appears that technology
and methodology existed that permitted the possibility of some
production within 2 years of “planting”.11
Similarly, one of respondent’s experts opined that a citrus
tree needed about 18 months after planting to reach a minimum
size to flower and that “Young trees are typically about 24
months old and have reached their second flowering opportunity
when small amounts of fruit are produced.” Respondent’s expert
11 The parties differed in their views concerning when the
2-year preproductive period began. Essentially, petitioner
argues for a later starting period, when the farmer plants as
opposed to the time when the plant may have been prepared by a
commercial nursery for use by farmers. There is no need to
decide when the preproductive period begins because the result in
this case would be the same no matter which party’s belief we
follow.
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