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Property Keyed to Merrill
Miller v. Schoene
Citation:
276 U.S. 272Facts
The Cedar Rust Act provided a comprehensive scheme for the destruction of red cedar trees infected by cedar rust. Cedar rust is an infectious plant disease that is destructive of the fruit and foliage of the apple. Apple growing is one of the principal agricultural pursuits in Virginia. The apple is exported in large quantities, and millions of dollars are invested in the apple orchards, which play a large role in Virginia’s economy. Pursuant to the act, Schoene, the state entomologist, filed suit to order the Millers to remove the red cedar trees on their property. The Millers were compensated for the removal costs, but they were not compensated for the devaluation of their property.
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