Wednesday, June 29, 2005

This dish is best . . . served cold!

Just about everyone knows that under a process called eminent domain, the government can (and does) seize private property for public use - to build a road, a school or a courthouse. But did you know the government can also seize your land for private use if they can prove that doing it will serve what's called "the public good"? Under eminent domain, the government buys your property, paying you what's determined to be fair market value.

On June 23, the Supreme Court ruled that local governments may seize people's homes and businesses -- even against their will -- for private economic development. The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

Now, as a result of this ruling, cities have wide power to bulldoze residences for projects such as shopping malls and hotel complexes to generate tax revenue.

Well, it appears one person has had all he can stand and he can't stands no more.

According to this story, a private developer contacted the local government in Supreme Court Justice David Souter's hometown in New Hampshire yesterday asking that the property of the judge – who voted in favor of the controversial decision – be seized to make room for a new hotel.

A man by the name of Logan Darrow Clements faxed a request to Chip Meany, the code enforcement officer of the town of Weare, New Hampshire, seeking to start the application process to build a hotel on 34 Cilley Hill Road, the present location of Souter's home.

According to a statement from Clements, the proposed development, called "The Lost Liberty Hotel" will feature the "Just Desserts Café" and include a museum, open to the public, "featuring a permanent exhibit on the loss of freedom in America." Instead of a Gideon's Bible in each room, guests will receive a free copy of Ayn Rand's novel "Atlas Shrugged," the statement said.

Clements says the hotel must be built on this particular piece of land because it is a unique site – "being the home of someone largely responsible for destroying property rights for all Americans." Souter has claimed Weare as his home since he moved there as an 11-year-old boy with his family. "This is not a prank" said Clements. "The town of Weare has five people on the Board of Selectmen. If three of them vote to use the power of eminent domain to take this land from Mr. Souter we can begin our hotel development."

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