MILLER V. SCHOENE
276 U.S. 272 (1928)
NATURE OF THE CASE: This is an appeal from an order to cut cedar trees to stop the spread
of a parasite.
FACTS: A Virginia statute gave the state entomologist (D) the power to determine whether
any cedar trees constituted a menace to the health of any apple orchard, and to order
private owners of property to cut down their cedar trees. The state gave the owners of these
trees no compensation for either the value of the cedars or the decrease in market value of
the land. The reason behind the statute was to control the spread of cedar rust. This
disease hurt apple orchards, but did not affect the value of cedar. Apple orchards have high
commercial value, but red cedar only has ornamental value. Apples are the principal crop of
Virginia, and produce a great deal of money and jobs. Miller (P) was ordered to cut down his
red cedar trees. P challenged the constitutionality of the statute, claiming that it denied
him due process of law as applied to the states through the fourteenth amendment. The trial
court affirmed the order. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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