Miller v. Schoene, 276 U.S. 272 (1928), was a classic property rights case in balancing the rights of a property owner against a social policy that is not unreasonable.
| Miller v. Schoene | |
|---|---|
 | |
| Argued January 20, 1928 Decided February 20, 1928 | |
| Full case name | Miller, et al. v. Schoene |
| Citations | 276 U.S. 272 (more) 48 S. Ct. 246; 72 L. Ed. 568; 1928 U.S. LEXIS 78 |
| Case history | |
| Prior | Error to the Supreme Court of Appeals of Virginia |
| Holding | |
| The Virginia Statute and order to remove Miller's cedar trees did not violate due process. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Stone, joined by unanimous |
Background edit
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 edit
Did Virginia's Cedar Rust Act and order to remove Miller's cedar trees violate the Due Process clause of the Fourteenth Amendment?
Holding edit
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 edit
References edit
External links edit
Works related to Miller v. Schoene at Wikisource- Text of Miller v. Schoene, 276 U.S. 272 (1928) is available from: Findlaw Google Scholar Justia Library of Congress
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