Registered: Aug 2000
Location: In a Blue, Blue State
Posts: 13081

Monday, June 27, 2005

Mr. Chip Meany
Code Enforcement Officer
Town of Weare, New Hampshire
Fax 603-529-4554


Dear Mr. Meany,

I am proposing to build a hotel at 34 Cilley Hill Road in the Town of Weare. I would like to know the process your town has for allowing such a development.




Although this property is owned by an individual, David H. Souter, a recent Supreme Court decision, "Kelo vs. 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.

As I understand it your town has five people serving on the Board of Selectmen. Therefore, since it will require only three people to vote in favor of the use of eminent domain I am quite confident that this hotel development is a viable project. I am currently seeking investors and hotel plans from an architect. Please let me know the proper steps to follow to proceed in accordance with the law in your town.



Thank you.


Sincerely,


Logan Darrow Clements
Freestar Media, LLC

http://www.freestarmedia.com/hotellostliberty1.html

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Registered: Feb 2004
Location: in colorado somewhere!
Posts: 26136

So someone decides that said property could be of better use so he just takes it from another?
What The Fuck,man.

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Registered: Dec 2002
Location:
Posts: 16306

Tack!

See T_T's post.

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Registered: Feb 2003
Location: Oceanside, CA
Posts: 5154

LF, the idea of eminent domain is that the government can force you to sell your property to them (at what they determine to be a fair price) so that it can be used for important public purposes like highways, removing blighted areas, etc.

A recent Supreme Court decision (which Souter signed onto) made it clear that it is permissible for governments to force the sale of private property in order to give that property to a private interest, if the development pursued by that private interest is likely to provide public benefits (like taxes and jobs). At least, that's my interpretation.

The worry of many is that now, well-connected private groups could "persuade" local governments to force the turnover of desirable property to them without the consent of the property's owner. Your comment of "What The Fuck, man" is both appropriate and concise.

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Registered: Aug 2000
Location: In a Blue, Blue State
Posts: 13081

quote:

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Originally posted by SimpleSimon
Tack!

See T_T's post.

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Registered: Jul 2000
Location: Beyond Mason-Dixon Line
Posts: 16334

quote:

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Originally posted by Talarohk
. . . A recent Supreme Court decision (which Souter signed onto) made it clear that it is permissible for governments to force the sale of private property in order to give that property to a private interest, if the development pursued by that private interest is likely to provide public benefits (like taxes and jobs). . . .

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Registered: Aug 2001
Location: Hilbert Space
Posts: 35658

If nothing else, this will presumably illustrate, a little, whether the more apocalyptic views on the Kelo v New London decision are correct (presumably it will have to pass local and state guidelines, as the New London case did, as well).

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Registered: Feb 2004
Location: in colorado somewhere!
Posts: 26136

A little history.
When colorado's highway I-225 was built and land was bought,this one farmer agreed to sell on the one condition that he could cross his heard of cattle across where they built the highway. So to solve the problem,the state built a four lane bridge connecting his land. Most Coloradoan's don't know this but when you Coloradoans go down I-225 just south of south parker road exit,you'll see a bridge over the highway that has no roads on either end of it. I should snap a pic of that. Maybe tomorrow.
Then when they built Pena Boulevard,it seems that the state had already paid everyone out. But then they missed a plan to build an entrance ramp from Tower road to Pena cause Tower road links to north Denver and commuters would save 30 to 40 minutes driving time.
Well the owner of the land found a stipulation in his contract that no more land would be sold unless it was mutual so he sat on his prime land and wouldn't let them build that entrance ramp for two years.
Finally the state bought the land of what is rumored to believe was half a million dollars for essentially about a quarter mile of road.

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Registered: Feb 2004
Location: in colorado somewhere!
Posts: 26136

I remember when we had a Northglenn mall. There was a New York style pizza place that had the bomb pizza. I used to go there all the time.
Well the town voted to have that mall demolished but they kept the Mervins intact,so they could build a strip mall.
I talked to the owner frequently and suggested that his new store's gonna look nice.
He said an offer from the strip mall owners offered a lease that was one and a half times as much as what he was paying for his lease currently.
Poor guy started that pizza joint when the mall first opened. His dad gave the buisness to him and he was looking pretty old himself.
He had no choice but to close shop. Aparantly he should have already owned that piece of land cause he was paying that lease out for many years and it stayed low.
And he couldn't afford to start on a new lease.
He sold his equipment and folded.

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