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NH: Free Stater behind anti-Souter land grab
Looks like the man trying to take over Supreme Court justice David Souter's New Hampshire home is a Free Stater (
www.FreeStateProject.org). He's retaliating against Souter's support for eminent domain abuse in this weeks Kelo vs. New London ruling.
From the Concord Monitor:
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20050629/REPOSITORY/506290321/1031'Hotel' targets Souter's homeÂ
Property rights advocates make protest personalÂ
By MEG HECKMAN
Monitor staff
June 29. 2005 8:00AM
A letter that emerged yesterday from the fax machine in the Weare Town Hall has thrust Supreme Court Justice David Souter's beloved farmhouse into a national debate over property rights.
Souter, a longtime Weare resident, joined in a court decision last week that allows governments to seize private property from one owner and turn it over to another if doing so would benefit a community. Now, an outraged Californian wants to test the ruling - by asking Weare's selectmen to let him replace Souter's farm with a posh hotel.
"A recent Supreme Court decision. . . . clears the way for this land to be taken," Logan Darrow Clements wrote in a letter faxed to town officials yesterday. "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 letter, which included Souter's street address, was posted on conservative pundit Rush Limbaugh's Web site yesterday afternoon, spurring concerns in town about the reclusive justice's safety and privacy.
Souter was attacked last year while jogging in his Washington, D.C. neighborhood, although the police there believe it was not related to his work in the court. While most locals here know where he lives, they respect the justice's desire for solitude. Yesterday, for example, town officials blacked out his address before sending a copy of a letter about the hotel project to the Monitor.
Souter couldn't be reached by phone yesterday and had not yet returned to Weare last evening, but a few police cruisers were parked on the edge of his property.
"It was a precaution, just being protective," said Lt. Mark Bodanza.
Clements is the CEO of Freestar Media, a Los Angeles-based outfit that fights "abusive" government through a Web site, a fledgling cable show and efforts like the one in Weare. Clements, who could not be reached yesterday, plans to move to New Hampshire soon as part of the Free State Project, a group that supports limiting government powers. Thousands of Free-Staters plan to move to New Hampshire in the next few years because of its small government, few taxes and "Live Free or Die" motto. (Other members of the project stressed that Clements's hotel plans are not affiliated with the group.)
Clements's request fascinated the staff at town hall, and Code Enforcement Officer Charles Meany said he passed the letter on to the board of selectmen.
"Am I taking this seriously? But of course," said Meany, who handles building requests. "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. . . . I have to allow the law to take its course."
Clements dubbed his project the Lost Liberty Hotel, and says it will include a dining room called the Just Desserts Café and a museum focused on "the loss of freedom in America." And those Bible-leaving Gideons won't be welcome. Instead, Clements wants to tuck copies of Atlas Shrugged into the night stands, giving visitors a chance to read author Ayn Rand's individualistic tome.
Souter's two-story colonial, assessed at just more than $100,000, brought in $2,895 in property taxes last year. A hotel, especially one as unique as Clements's, would likely net the town a much greater tax payment - not to mention a potential tourism boom for local businesses.
By mid-afternoon yesterday, Meany had received two more letters about the project - one from a women in Houston, Texas vowing to visit Weare if the hotel were allowed and another from a man in McMurray, Pa. pledging financial support if town leaders choose to hand Souter's land over to Clements.
Both letter writers signaled their distain for the court's ruling in Kelo vs. City of New London.The case stems from a battle between a group of Connecticut homeowners and a city government that wants to boost tax revenue by replacing a neighborhood with an office complex. The majority opinion, written by Justice John Paul Stevens, said it was up to states, not the federal government, to craft regulations around property. Souter supported Stevens along with justices Anthony Kennedy, Ruth Bader Ginsburg and Stephen Breyer.
Weare's selectmen planned to review the letters at its meeting last night, and will decide how to proceed, said chairwoman Laura Buono.
"It was an interesting e-mail,"she said.
Even if the five-member board were to endorse Clements's project, zoning laws would have to be changed and the hotel would have to garner approval from the planning board. After that, the project would fall under Meany's watchful eye.
"The big thing is, you have to own the land before you deal with me," he said.
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