Justice David Souter has a very nice home. A pretty 200-year-old wooden farmhouse, it is set in three hectares of land in the small town of Weare, New Hampshire.
Justice Souter, one of nine judges on the United States supreme court in Washington, does not visit his New Hampshire home too often. Taking advantage of a supreme court ruling, activists plan to confiscate his home to build a hotel.
In June last year Souter sided with a 5-4 majority on the supreme court upholding the right of government to seize private property for commercial development.
The ruling reflected a change in the law regarding eminent domain, or compulsory purchase. Previously private property could be appropriated for public use. Under the ruling, private property can now be appropriated for public benefit. So in theory, the compulsory purchase of private property is justified in any development that benefits the local economy.
Logan Darrow Clements, a Los Angeles businessman, was so outraged at the supreme court ruling that he decided to build the Lost Liberty Hotel in the small town of 8 500 people on the spot occupied by Justice Souter’s house, in what is officially known as the ”Live Free or Die” state.
Clements (36) soon collected the 25 signatures needed to place the proposal on a ballot due to be voted on in March. At the weekend he presented architect’s plans for the hotel, which will incorporate the judge’s home.
”This is in the tradition of the Boston Tea Party and the Pine Tree Riot,” Clements told reporters, referring to a riot in the winter of 1771-72 when colonists in Weare beat up officials appointed by King George III who fined them for logging white pines without approval.
”All we’re trying to do is put an end to eminent domain abuse,” Clements said, by having those who advocate or facilitate it ”live under it, so they understand why it needs to end”.
Souter’s office has declined to comment on the issue.
The eminent domain ruling stems from a case involving New London, Connecticut, which wanted to seize private homes to build a convention centre, hotel and offices around a new headquarters built by the pharmaceutical company Pfizer.
City officials successfully argued that tax revenues and new jobs from the development would benefit the public.
In Weare at the weekend Eric Dellinger signed a petition in support of the proposal to build the Lost Liberty Hotel.
”I’m not sure that going after a justice is really the right way to do it,” he told the Los Angeles Times.
”But this eminent domain thing is very scary. I don’t want my house to be taken away to be the next Disneyland no matter how much good it would be for other people.” – Guardian Unlimited Â