Monday, January 23, 2006

Using Eminent Domain against the court that upheld it

Campaign to seize US judge's home


Logan Clements canvassed for signatures in Weare
Activists angered by a US Supreme Court ruling that homes can be
demolished for public developments are trying to seize the home of
one of the judges involved.
About 60 people rallied in the small New Hampshire town of Weare on
Sunday, where Justice David Souter has a house.
The protesters say they have enough signatures from Weare residents
to put their proposal to a town vote in March.
They want a compulsory purchase order on the 200-year-old farmhouse,
and say they will build a hotel in its place.
Campaign organiser Logan Clements, from Los Angeles, told supporters
in Weare the Supreme Court had "shot a hole in the [US] Constitution".
Judge Souter was in a 5-4 majority on the court panel that ruled last
June that the city of New London in Connecticut could seize homes to
make way for a hotel, convention centre, office space and flats.

The ruling gave government the right to seize homes for "public
benefit", where previously they could only be taken for "public use".

Many fear the ruling means land can now be requisitioned for
commercial ventures that benefit the local economy, not just public
projects like road building.

The Supreme Court ruling has prompted many states, including New
Hampshire, to consider tightening their laws on "eminent domain", or
compulsory purchase.

'Very scary'

Mr Clements needed only 25 signatures calling for Mr Souter's house
to be compulsorily purchased, to put the issue to a ballot of the
8,500 residents of Weare.


Mr Clements wants to turn Mr Souter's home into a hotel
He says he already has 188 names.

Weare resident Eric Dellinger signed the petition.

"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."

There was no comment on the petition from Justice Souter.

http://tinyurl.com/anlz3

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