Sunday, January 22, 2006

Conveniently Located in Weare, N.H.

Justice Souter's home has come under attack in recent days (again) from Eminent Domain activists, who disagree with the majority ruling in last year's Kelo decision. They have placed a proposition on the local ballot to effect a taking of Justice Souter's home to build a "lost liberty hotel."

Takings by the government for a public purpose is legal, under the Fifth Amendment. The ruling in Kelo determined that the taking of private land as part of a major renovation project to improve the economy of a city, create new jobs, increase tax base and employment for the town constituted a legitimate government purpose. The detractors dislike that the ruling appears to give carte blanche to wealthy corporations who might like a certain spit of land in a neighborhood. I don't see the slope as quite that slippery, myself. I don't like takings; I actually think that people who buy their land should be allowed to own their land, but I can certainly see the need for the local government to care for the entire city, even at the sacrifice of a half-dozen families.

To that end, I think the activists are wrong. I don't think they fully appreciate what the ruling means or intends, and I think that they believe that they are doing "right" to teach Justice Souter a lesson, but they are not operating within the spirit or ruling of the decision.

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