Tuesday, June 28, 2005

Update: Eminent domain visits Justice Souter

This is brilliant... positively brilliant!

Logan Darrow Clements of Freestar Media has offered to build a hotel on the land that is currently owned by Supreme Court Justice Souter. He sent a letter to the Code Enforcement Officer of Weare, New Hampshire, proposing his development:
Although this property is owned by an individual, David H. Souter, a recent Supreme Court decision, "Kelo vs. City of New London" clears the way for this land to be taken by the Government of Weare through eminent domain and given to my LLC for the purposes of building a hotel. 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.

Justice Souter joined the majority opinion of the court, in Kelo v. New London. Justice Stevens defended development plans that use eminent domain, in this way:
Petitioners contend that using eminent domain for economic development impermissibly blurs the boundary between public and private takings. Again, our cases foreclose this objection. Quite simply, the government’s pursuit of a public purpose will often benefit individual private parties.

If Logan Clements gets his way- and I hope to God that he does- I will save up every penny that I have and visit this place:
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 each guest will receive a free copy of Ayn Rand's novel "Atlas Shrugged."

Consider the following; if this development project were to be accepted by 3 of the 5 members of the Code Enforcement Officer, in the town of Weare, it would be challenged by Justice Souter. At some point, Justice Souter would find himself arguing against the very same principles that he agreed with in "Kelo v. New London." Even if Logan Clements failed, it would be great to see Souter try to explain the subtle differences between "Kelo v. New London" and "Souter v. Weare".

So brilliant. So completely brilliant.

-John

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