'Hotel Souter' man visits Weare, leaves presents for Souter

August 20 2005

WEARE, N.H. -- Logan Darrow Clements flew across the country to visit Supreme Court Justice David Souter's hometown.

But the California man who wants to seize Souter's land through eminent domain to build a hotel didn't knock on the judge's front door when he stopped by Saturday afternoon.

"I don't want to go on his property," said Clements, who is behind the scheme to punish Souter for being one of five justices behind a ruling that supports government power to seize private property for other private development. The June decision allowed the city of New London, Conn., to take several older homes so a private developer could build a hotel and convention center, office space and condominiums.

"I just don't care to, but if he'd like to come out, I'd like to talk to him," said Clements.

Souter, who neighbors said was home, didn't come to the door.

Instead, Clements left gifts for Souter - he draped a T-shirt across the justice's mailbox and propped a copy of Ayn Rand's "Atlas Shrugged" behind it. The book, which promotes a philosophy of free will capitalism, is Clements' inspiration.

"I think it needs a coat of paint," he said of Souter's peeling house.

Clements also was in town for a private strategy session with three local supporters, and to promote his plan to townspeople at Weare's old Town Hall on Saturday. He and his girlfriend, Heidi Xu, had hoped to recoup travel costs by selling $25 "Lost Liberty Hotel" T-shirts.

But only about half-a-dozen people showed up.

"I just came to listen," said Heleen Kurk, a member of Weare's board of selectmen. The selectmen, like most townspeople, have already said they don't support seizing anybody's land."I feel it's an extremely poor way to go about solving the problem, if that's what they're trying to do," she said.

"I wanted to hear what I think is political theater," said her husband, state Rep. Neal Kurk, R-Weare.

Kurk said he disagrees with the Supreme Court decision and would like to see the New Hampshire Constitution amended to limit eminent domain to public uses, like roads. But he said Souter shouldn't be punished for doing his job.

"He wasn't a bad judge going off on a lark of his own. He was consistently interpreting the Constitution," Kurk said of Souter. "He's the wrong guy to take it out on.

"Clements supporter Keith Lacasse said it came down to a simple matter of geography.

"I live in Weare; he lives in Weare. He's the only one that I could really take it out on," he said.

It's doubtful that the plan, which must be approved at Town Meeting and by the local zoning and planning boards, will ever be realized. There also is state law to contend with, and inevitable lawsuits from challengers. Lacasse said he'd be happy if the state blocks the plan, because it will prove New Hampshire's laws are strong.

Forty-five years ago, the federal government seized East Weare village for a flood control project, but the local government does not even have a history of using eminent domain for public use, Rep. Kurk said.

"It's ridiculous. If you're going to put a hotel in Weare, you'd find a much nicer site," he said. "It's in the middle of nowhere, and that's not a pun.

"Souter's old brown farmhouse sits off a short dirt road in a remote section of town. On Saturday, neighbors Jimmy and Susan Gilman called the police after spotting unfamiliar cars parked by Souter's house.

"We just talked to him and asked him if he wanted us to make the call. He said, 'Yes please,"' said Jimmy Gilman, whose family has lived in the same spot for five generations.

Gilman has no love for Clements, or his plan.

"If that happens down here, I'll be disgusted," he said.

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I'm considering a donation to this guy, so that he can withstand the expense of this battle against judges who are, so obviously, activist jurists, moving our Constitution into the realm of complete socialistic venture. . . . . Eminent Domain ---- My Ass!

God Bless,
Dan'L