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Miller v. Schoene, 276 U.S. 272 (1928), approved the uncompensated destruction of cedar trees that were alternate hosts to a fungus that damaged apple orchards but not cedars. Justice Stone's opinion implied that deciding for either cedar or apple growers would amount to action by the state,...
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This article argues that the use of eminent domain that was at issue in Poletown [304 N.W.2d 455 (Mich. 1981)] was flawed by fiscal constraints. The funding for the project, which leveled a thickly-settled neighborhood of Detroit in order to build an automobile plant, was provided almost...
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