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[personal profile] libertango
For those who don't know, one of the cases the US Supreme Court decided last week was Kelo v. City of New London. This was a case regarding the idea of eminent domain, and the ability of local governments to condemn property.

A number of people have been concerned that Kelo has set the bar so low for eminent domain -- essentially, there must be a plan, and the intent (not even the expectation) of a "public good" such as increased tax revenue -- that it can be abused in a number of ways, primarily through sheer cronyism and desire to make a quick buck. David Sucher, at City Comforts, has been saying this fairly persuasively.

Well, now comes the fun part. Someone in New Hampshire has decided to stick it to the man. To wit, there is a group going to the Towne of Weare, NH, proposing economic development in the form of building a hotel -- on the site of Justice David Souter's house. From their press release:

"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."


I don't expect a swords and ploughshares exchange program any time soon.

Date: 2005-06-30 11:14 am (UTC)
From: [identity profile] bibliofile.livejournal.com
That's too funny. Thanks for sharing!

How help Logan Darrow Clements?

Date: 2005-06-30 02:27 pm (UTC)
From: (Anonymous)

It will be fun to see where this goes. How do we contact Towne of Weare's city hall to let them know we'd love to read from Clements' hotel? Is anyone talking about a chain of five hotels? One for each justice?

Date: 2005-06-30 05:38 pm (UTC)
From: [identity profile] samildanach.livejournal.com
There's a discussion of this project under way at [livejournal.com profile] scotusblog. It's turned to legal protections covering justices' persons and property against reprisal for actions made in their official capacity. This request could, in and of itself, land "Clements" in jail.

Discussion

Date: 2005-06-30 07:46 pm (UTC)
From: [identity profile] hal-obrien.livejournal.com
I went to SCOTUSBlog, and was unable to find a discussion either in the main blog, or discussion section, or their Kelo archive.

Did you perhaps mean this post on PrawfsBlog, that SCOTUSBlog points to?

Re: Discussion

Date: 2005-06-30 08:29 pm (UTC)
From: [identity profile] samildanach.livejournal.com
You're correct, I was thinking of the the PrawfsBlog post.

Date: 2005-06-30 05:50 pm (UTC)
From: [identity profile] holyoutlaw.livejournal.com
I thought this was a pretty funny thing until I read the comment that said it could land Clements in jail. Sheesh! (I can understand why a Justice would need protection against legal reprisals, but geeze.)

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