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Supreme Court of the United States - 276 U.S. 272
Tags: Property, Takings, Eminent domain
tl;dr:
A state is justified in preferencing one crop over another for the purpose of promoting the general economic welfare of state citizens.Video Summary
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The Cedar Rust Act of Virginia, which orders the destruction of red cedar trees to prevent the spread of cedar rust to nearby apple orchards, is being challenged for its constitutionality. The state has the power to choose between preserving one class of property over another when they are in dangerous proximity, and the public interest in preserving the apple industry outweighs the private property interest of the cedar owners. The exercise of the police power involves the preferment of the public interest over the individual's property interest, even to the extent of its destruction. The case is not merely a conflict of two private interests, and the misfortune of apple growers cannot be shifted to cedar owners by ordering the destruction of their property. The judgment of the court and the statute do not allow compensation for the value of the standing cedars or the decrease in the market value of the property caused by their destruction.
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