Libertarians Propose Taking Breyer's Land

AP ^ | 07/29/05 | ANNE SAUNDERS

[nypokerface]

PLAINFIELD, N.H. - Libertarians upset about a Supreme Court ruling on land taking have proposed seizing a justice's vacation home and turning it into a park, echoing efforts aimed at another justice who lives in the state.

Organizers are trying to collect enough signatures to go before the town next spring to ask to use Justice Stephen G. Breyer's 167-acre Plainfield property for a "Constitution Park" with stone monuments to commemorate the U.S. and New Hampshire constitutions.

"In the spirit of the ruling, we're recreating the same use of eminent domain," said John Babiarz, the Libertarian Party's state chairman.

The plot mirrors the party's ongoing effort to get the town of Weare, about 45 miles to the southeast, to seize Justice David Souter's home. Souter's property is also the focus of a proposal by a California man who suggested the town turn the farmhouse into a "Lost Liberty Hotel."

The efforts are meant in protest of the high court's June ruling that let a Connecticut city take land by eminent domain and turn it over to a private developer. Breyer and Souter supported the decision.

Through a spokesman, Breyer declined to comment on the matter Friday. Souter has also declined comment.

Plainfield Town Administrator Steve Halleran said he didn't expect Plainfield voters to support the Breyer effort, but Logan Darrow Clements, of Los Angeles, said he's gotten support from thousands of people across the country for his Souter plan, and the town clerk in Weare said she had to return checks from people wishing to donate to a hotel construction fund.

The Supreme Court's 5-4 court ruling lets officials in New London, Conn., take older homes along the city's waterfront for a private developer who plans to build offices, a hotel and convention center.

[hellinahandcart]

mark

[SunnySide]

"In the spirit of the ruling, we're recreating the same use of eminent domain," said John Babiarz, the Libertarian Party's state chairman."

First time I agree with what "these" Libertarians are doing. Finally, they are (figuratively) putting the roach clip down and making the effort to walk their talk.

[jim_trent]

Just how is converting a property that pays taxes into a park that doesn't pay taxes fit into the Supreme Court decision? It was supposed to be that you could take peoples property and give it to someone else if the other person would pay more taxes.

Leave it to the Libertarians to get it a$$ backwards.

[Artemis Webb]

There is NOTHING more fundamental to individual liberty than property rights. The ruling by SCOTUS was an abomination. I know this is all talk and in the end Breyer and Souter won't be touched. I know it just as I know that I wish I was wrong.

[Still Thinking]

Plainfield Town Administrator Steve Halleran said he didn't expect Plainfield voters to support the Breyer effort, but Logan Darrow Clements, of Los Angeles, said he's gotten support from thousands of people across the country for his Souter plan, and the town clerk in Weare said she had to return checks from people wishing to donate to a hotel construction fund.

Oh, so now the VOTERS have to approve a eminent domain project?

[mlorrey]

Unfortunately, or rather, fortunately for the Justices, NH's eminent domain laws are much tighter than Connecticut's, so what is happening in New London would not likely happen here.

While Selectboards and City Councils can eminent domain property here, in Weare the Selectboard has already refused to do so on Souters property, and Weare is a Senate Bill 2 jurisdiction. In Plainfield, the only other option is a ballot warrant article to be voted on at town meeting in the spring.

We are pursuing a more pure 'public use' application with Breyers property to help push the eminent domain limits back to the old time 'bridges and roads' domain where it belongs.

Those wishing to support the effort can join in at http://constitutionpark.blogspot.com