Miller v. Schoene, 276 U.S. 272 (1928) (No. 199)

Miller v. Schoene, 276 U.S. 272 (1928) (No. 199)

Author: Supreme Court of the United States

Year: 1928

Case name: Miller v. Schoene Opinion filed: 1928-02-20 Docket No.: 199 Citations: • 276 U.S. 272 • 48 S. Ct. 246 • 72 L. Ed. 568 • 1928 U.S. LEXIS 78 Case holding summaries: • ornamental red cedar trees on claimant's land cut down • red cedar trees infected with apple rust disease near commercial orchards • order to destroy diseased cedar trees to prevent infection of nearby orchards not a taking • upholding a law requiring the destruction of cedar trees to prevent the spreading of cedar rust that imperiled nearby apple orchards • order to destroy diseased cedar trees to prevent infection of nearby 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" • statute requiring destruction without compensation of red cedar trees infected by cedar rust to protect the State's apple orchards held constitutional as a proper exercise of the State's police power • ornamental red cedar trees on claimant's land cut down • upholding destruction of disease-carrying cedar