Freedom's Fidelity

Thursday, June 30, 2005

A Proper Property Taking

Here's a story that has been bouncing around the blogosphere ever since the United States became a banana republic when Kelo ruling came down and oh.... wouldn't it be so deliciously ironic if it were to come to be.

Weare, New Hampshire (PRWEB) Could a hotel be built on the land owned by Supreme Court Justice David H. Souter? A new ruling by the Supreme Court which was supported by Justice Souter himself itself might allow it. A private developer is seeking to use this very law to build a hotel on Souter's land.

Justice Souter's vote in the "Kelo vs. City of New London" decision allows city governments to take land from one private owner and give it to another if the government will generate greater tax revenue or other economic benefits when the land is developed by the new owner.

On Monday June 27, Logan Darrow Clements, faxed a request to Chip Meany the code enforcement officer of the Towne of Weare, New Hampshire seeking to start the application process to build a hotel on 34 Cilley Hill Road. This is the present location of Mr. Souter's home.

Clements, CEO of Freestar Media, LLC, points out that the City of Weare will certainly gain greater tax revenue and economic benefits with a hotel on 34 Cilley Hill Road than allowing Mr. Souter to own the land.

The proposed development, called "The Lost Liberty Hotel" will feature the "Just Desserts Cafe" 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."

Clements indicated that 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.

"This is not a prank" said Clements, "The Towne 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."

Clements' plan is to raise investment capital from wealthy pro-liberty investors and draw up architectural plans. These plans would then be used to raise investment capital for the project. Clements hopes that regular customers of the hotel might include supporters of the Institute For Justice and participants in the Free State Project among others.

Randy Barnett, a tremendous legal mind writes in his post on the above linked story:

Update: I had posted this link facetiously but see that some commentors, both pro and con, are taking it more seriously. Retaliating against a judge for the good faith exercise of his duty is not only a bad idea, it violates the holding of Kelo itself, for the intent would be to take from A to give to B, in this case to punish A. I had considered deleting this post altogether--and perhaps this would still be a good idea--but, since other blogs had linked to it, decided instead to add this postscript.

I appreciate and respect Randy Barnett's ethical conundrum of not wanting to punish a public figure for a good faith exercise, but if the ruling on Kelo can be so quickly and easily abused into a tool to bludgeon a Supreme Court Justice out of his own home, well I can't think of a better manner to hilight the fatal flaw of the ruling. In essence, if the Towne of Weare can force Souter out of his home, and there certainly will be no disputing that a hotel would bring in more tax revenue than Souter's home, it proves the absolute tragedy of the results of Kelo v City of New Haven.

Highly unlikely to happen I know, but a guy can dream can't he?

posted by Paul  permalink | |