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Constitutional Law Keyed to Stone
Miller v. Schoene
Facts
Acting pursuant to the Virginia Cedar Rust Act (the “Act”), a state official ordered Plaintiffs to cut down a large number of red cedar trees growing on their property. The purpose of the order was to prevent the spread of a plant disease, with which the cedar trees were infected, to apple orchids that lay in the vicinity of the cedar trees. The plant disease was destructive of apple trees but not cedar trees. The only practicable means for protecting the apple trees was the destruction of all of the cedar trees. The Plaintiffs were not compensated for their loss of the cedar trees.
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