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· 2/20/1928

Miller v. Schoene

Citations

  • 276 U.S. 272
  • 48 S. Ct. 246
  • 72 L. Ed. 568
  • 1928 U.S. LEXIS 78

About this case

Miller v. Schoene

Miller v. Schoene, 276 U.S. 272 (1928), was a property rights case in balancing the rights of a property owner against a social policy that is not unreasonable.

Contents

Background

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=1 "Edit section: Background")

The State entomologist in Virginia acting under the Cedar Rust Act of Virginia ordered the plaintiffs' ornamental red cedar trees growing on the plaintiffs' property to be removed to prevent the spread of cedar rust disease to nearby apple orchards. The plaintiffs appealed the order to the circuit court of Shenandoah county, which affirmed the order, but allowed the plaintiffs to recover $100 to remove the trees. The Supreme Court of Appeals of Virginia also Affirmed the decision.[1]

Issue

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=2 "Edit section: Issue")

Did Virginia's Cedar Rust Act and order to remove Miller's cedar trees violate the Due Process clause of the Fourteenth Amendment ?

Holding

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=3 "Edit section: Holding")

A unanimous decision found that the statute and the order to remove Miller's cedar trees did not violate the Due Process Clause. The Court recognized the State's interest in preventing the cedar rust from damaging nearby apple orchards as they were the "principal agriculture pursuit" in the state. The Court held that the destruction of Miller's trees would be a taking of his property; however, the State "did not exceed its constitutional powers by deciding upon the destruction of one class of property in order to save another which, in the judgment of the legislature, is of greater value to the public."[2]

See also

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=4 "Edit section: See also")

References

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=5 "Edit section: References")

  1. ↑ Miller v Schoene _Oyez _, Retrieved on December 22, 2009.
  2. ↑ Miller v. Schoene, 276 U.S. 272, 279 (1928).

External links

(https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&action=edit&section=6 "Edit section: External links")

Retrieved from "https://en.wikipedia.org/w/index.php?title=Miller_v._Schoene&oldid=1351334466 "

Editorial context from Wikipedia (CC-BY-SA 4.0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Virginia statute requiring owner of ornamental cedar trees to destroy trees to avoid infecting adjacent apple orchards with cedar rust did not constitute compensable taking of property
  • holding that Takings Clause did not require Virginia to compensate cedar tree owners for value of trees destroyed by state in order to prevent disease from spreading to nearby apple orchards, a more valuable resource
  • holding that an ordinance requiring cedar tree farmers to cut down a number of their trees to prevent the spread of an infectious disease to apple orchards was valid on the grounds that one class of property had a greater value to the public than the other
  • upholding a law requiring the destruction of cedar trees to prevent the spreading of cedar rust that imperiled nearby apple orchards
  • noting that “where the public interest is involved[,] preferment of that interest over the property interest of the individual, to the extent even of its destruction, is one of the distinguishing characteristics of every exercise of the police power which affects property”
  • upholding mandatory removal of diseased cedar trees without compensation for loss of land value

Source: CourtListener parenthetical corpus (CC0).

Judges: Stone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.