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June 30, 2005
Eminent Domain Comes Home to Justice Souter
Ah, sweet justice. However, Supreme Court Justice David Souter most certainly has a different view on the matter. According to the Concord Monitor, he is facing a challenge, as a result of the recent Supreme Court ruling on the use of eminent domain. It seems that one man has a "better" use for the land on which Souter's New Hampshire farmhouse stands.
Logan Darrow Clements in a faxed letter to Weare city officials states:
A recent Supreme Court decision. . . . clears the way for this land to be taken. The justification for such an eminent domain action is that our hotel will better serve the public interest as it will bring in economic development and higher tax revenue to Weare.
The Supreme Court ruled 5-4 that local governments have the authority to seize private property and bulldoze homes if the projects generate increased tax revenue and jobs that benefit the area. Apparently, the justices who voted in favor of expanding the use of eminent domain weren't thinking about the possibility their own houses could fall subject to their ruling.
Charles Meany, the code enforcement officer for Weare, said he takes the matter seriously as has the police department. Several officers in police cruisers are posted just outside Souter's home as a precaution. Lieutenant Mark Bodanza says, "It was a precaution, just being protective."
Logan Clements aptly named his proposed hotel the "Lost Liberty Hotel." The hotel would include a dining room named the "Just Desserts Cafe" and a museum to focus on the loss of freedom in America.
Clements is the CEO of Freestar Media, a company based in Los Angeles, that fights "abusive" government through a web site and cable show. Clements is planning to move to New Hampshire
Clements is the CEO of Los Angeles-based Freestar Media that fights "abusive" government through a Web site and cable show. Clements plans to move to New Hampshire soon as part of the Free State Project. The group promotes limiting government powers.
If the five-member board of selectmen for the city of Weare approves the project, zoning laws would have to be revised and the planning board would also have to approve the proposed hotel.
Souter has not made any comment about Clements' plans for his two-story colonial farmhouse worth about $100,000 (See picture). Souter paid $2,895 in property taxes for the house last year. Clements says his hotel will bring in more revenue for the city and provide new jobs for local residents, a better use of the land than at present.
Charles Meany said:
"In lieu of the recent Supreme Court decision, I would imagine that some people are pretty much upset. If it is their right to pursue this type of end, then by all means let the process begin."
Posted by at June 30, 2005 12:01 AM | Permalink
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