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:
Get 
      free access to the entire content for Mac, PC or Online
for 2-3 days and free samples 
      of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment