UPDATE: Vote On Condemnation of Justice Souter's Home Set
Logan Darrow Clements, owner of FreeStar Media, has been continuing his effort to have Justice David Souters' home condmened so that the Lost Liberty Hotel can be built on the land.
As reported here before (and here and here), the effort is in response to Souters' part in the Kelo v. City of New London opinion that allowed condemnation of private property for hte purpose of purely private development.
His effort, which is likely in vain, has resulted in a special election:
The group, led by a California man, wants Justice David Souter's home seized for the purpose of building an inn called "Lost Liberty Hotel." They submitted enough petition signatures — only 25 were needed — to bring the matter before voters in March.
This weekend, they're descending on Souter's hometown, the central New Hampshire town of Weare, population 8,500, to rally for support. . . . "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."
The petition asks whether the town should take Souter's land for development as an inn; whether to set up a trust fund to accept donations for legal expenses; and whether to set up a second trust fund to accept donations to compensate Souter for taking his land.
The matter goes to voters on March 14.
I don't think this effort should succeed. This type of abuse was wrong in New London, and it is wrong here. But I don't think that is the point. Maybe Souter and his 4 fellow justices now recognize was "public purpose" means.
UPDATE: Welcome readers of Torie Bosch's column in Slate. I'm not sure that my opinion was entirely represented by the soundbite. I hope my "nuance" is more clear after you have read this post and the comments. Also, please browse if the fancy suits you.
SECOND UPDATE: spd rdr and tee bee continue this discussion on their sites.