This section contains the nature of the case and procedural background.

A Virginia statute gave the state entomologist (D) the power to determine whether any cedar trees constituted a menace to the health of any apple orchard, and to order private owners of property to cut down their cedar trees. The state gave the owners of these trees no compensation for either the value of the cedars or the decrease in market value of the land. The reason behind the statute was to control the spread of cedar rust. This disease hurt apple orchards but did not affect the value of cedar. Apple orchards have high commercial value, but red cedar only has ornamental value. Apples are the principal crop of Virginia and produce a great deal of money and jobs. Miller (P) was ordered to cut down his red cedar trees. P challenged the constitutionality of the statute, claiming that it denied him due process of law as applied to the states through the fourteenth amendment. The trial court affirmed the order. P appealed.

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