In June, the U.S. Supreme Court issued its opinion in Kelo v. City of New London, CT and basically eviscerated the distinction between the use of the power of eminent domain to build a road and the use of eminent domain to build a luxury hotel. From the moment the decision was handed down, it has been the subject of criticism from an unusual coalition of leftists and libertarian conservatives, both of whom recognize the outrage of the government taking one person’s property and giving it to someone else to use for their own private purpose.
Now, there’s news of efforts to blunt the effects of Kelo at the state level.
Good.
July 26th, 2005 at 3:42 pm
A day after the Kelo decision was delivered, Freestar Media LLC submitted a proposal in the town of Weare, New Hampshire where majority opinion writer, Justice Souter, owns a farm house. They requested that the town board condemn the land and give it to them, as private developers, who promise to construct the Lost Liberty Hotel in its place. Their tax revenue would no doubt be higher than the reported $2,500 that Justice Souter paid in property taxes last year. It would create employment and attract tourism. The town has a website, and an economic development committee, which has identified its two main goals: 1) Encourage the formation of new businesses, and 2) Promote tourism. However, contrary to its stated goals and the legally sanctioned purpose of economic development, the town?s board turned down the proposal.
So much for poetic justice. Justice Souter?s influence in his community shielded him from his own ruling. No other rational justification can be found.
Thankfully, the legislative branch is now busy at work attempting to shield private property rights from the Supreme Court ruling. It seems that the two may have switched roles, with the House defending the Constitution, and the Supreme Court writing new laws.
I thought I saw Alice the other day! Or maybe it was Justice Souter ?skipping in Wonderland, immune to and above the laws he passes.