A private developer contacted the local government in Supreme Court Justice David Souter's hometown in New Hampshire yesterday asking that the property of the judge – who voted in favor of a controversial decision allowing a city to take residents' homes for private development – be seized to make room for a new hotel.
(Logan) Clements: "Although this property is owned by an individual, David H. Souter, a recent Supreme Court decision, Kelo v. City of New London, clears the way for this land to be taken by the government of Weare through eminent domain and given to my LLC for the purposes of building a hotel. 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 Kelo v. City of New London decision, handed down Thursday, allows the New London, Conn., government to seize the homes and businesses of residents to facilitate the building of an office complex that would provide economic benefits to the area and more tax revenue to the city. Though the practice of eminent domain is provided for in the Fifth Amendment of the Constitution, this case is significant because the seizure is for private development and not for "public use," such as a highway or bridge. The decision has been roundly criticized by property-rights activists and limited-government commentators.