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Updated: 8/11/05
Weare

Locals take up fight on eminent domain
Petition to take Souter farm for park gets the necessary 25 signatures

By Nicholas Brown
Staff Writer

A nationwide effort to seize the Weare farmhouse of U.S. Supreme Court Justice David Souter may be superseded by a local effort to do the same.

In June, the Supreme Court decided to uphold the authority of a local government to seize private property by eminent domain if, in doing so, greater economic benefits to the community could be created. Since then, a backlash from opponents of the decision has stretched all the way to Weare.

Opponents have voiced support for an effort led by a California man, Logan Darrow Clements, to seize the property belonging to Souter – who helped formed the court’s 5-4 majority – and there build the “Lost Liberty Hotel.”

Now a Weare resident has formed his own plan – one that ultimately could be more effective.

Twenty-year Weare resident Gary Hopper has collected 25 signatures on a petition he plans to present to the town clerk’s office in January, with the hope of allowing voters to decide the fate of Justice Souter’s property at the next election cycle.

Hopper said he hopes to turn the land into a park designed as a shrine to the constitution.

“I think the Supreme Court has incrementally deviated so far from the constitution it’s terrible,” said Hopper, a former state representative.

Hopper said he saw firsthand the power of petition in local government, as he helped lead the petition to remove former Weare Police Chief Myles Rigney from office, and make the position an elected one.

“If this is an idea that nobody likes, then leave it on the ballot and let the voters decide so,” he said.
Hopper, a full-time tool and die maker, said one of his goals is to send a message to state legislators, in hopes that they will solidify a stance against the seizure of private property.

Hopper said he’s aware of Clements’ plan – as was detailed in a widely circulated press release – to build a hotel featuring a “Just Desserts Cafe” serving “crow pie,” a museum exhibiting the “permanent loss of freedom in America,” and a copy of Ayn Rand’s “Atlas Shrugged” in every room.

However, Hopper sees his plan for a park as more constitutional, as visitors can enjoy the park free of charge.

“I think we’re more or less heading toward the same end,” he said. “We just have different avenues of getting there.”

During a July 29 appearance on the MSNBC television show “The Situation,” hosted by Tucker Carlson, Clements voiced support for the idea of a local ballot initiative.

“We’ve got the the talent and we’ve got the customers,” said Clements, according to transcripts. “And now we’ve got a new way to get it through the city – rather, the town – of Weare, in using a ballot initiative.”

Clements continued, “Some of the local townspeople who support the Lost Liberty Hotel have decided that we’re just going to go around the board of selectmen, because it seems as though the only people opposed to this project are the five people that sit on the board of selectmen in Weare. And so, with a ballot initiative, we can just go around them and accomplish the same thing.”

The board of selectmen, at a recent meeting, presented a letter signed by all but one of its members, Helene Kurk, though Kurk has opposed the seizure of Souter’s property.

The letter stated, “We are in full support of protecting the property rights of all our citizens,” and, “Furthermore, we rebuke all efforts to deny any citizen of Weare their right to enjoy the full, legal use of their land.”

While the ultimate success of a ballot initiative bypassing the board of selectmen has yet to be determined, Hopper said he was encouraged while gathering petitioners’ signatures at the town’s transfer station.

“After the decision, my wife and I went out to the dump that Saturday and got all 25 signatures we needed,” said Hopper.

Hopper said many of the people he spoke with that day were in full support of his plan, “but other people didn’t think two wrongs made a right.”

“We’re fighting for our constitutional rights,” he said. “How can that be wrong?”