Constitution Park

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A proposal in 2005 in response to the Kelo v. City of New London Supreme Court Decision, to pursue eminent domain against the Plainfield, New Hampshire vacation estate of Supreme Court Justice Stephen Breyer, in order to construct a park commemorating the US and New Hampshire Constitutions and providing an interpretive center and lodging for visitors. This proposal was first announced on New Hampshire Public Radio's show The Exchange.

Like the similar Lost Liberty Hotel, its proponents, namely former LPNH Vice-Chair Mike Lorrey, the Libertarian Party of New Hampshire, and the Coalition of New Hampshire Taxpayers, advocate that the Kelo decision be used to improve the local tax base, expand economic opportunities in the community, which are "public purposes" under the wording of Kelo. Unlike the Lost Liberty Hotel, the Constitution Park would be a non-profit entity and open to the public for free, and so fits in more of a grey area between private for-profit use (as in the Hotel proposal as well as New London's plans) and strictly public ownership (as in roads, bridges, and other historically proper examples of the commonly accepted purpose of eminent domain).

The Constitution Park proposal was published in newspapers, media websites, and broadcast on television and radio. Apparently, the LPNH and CNHT had been planning a similar proposal for Justice Souter's property in Weare, NH when they were scooped and co-opted by Logan Darrow Clements and his hotel proposal. When Mike Lorrey found that Breyer owned a significant estate in Plainfield (over 4500 sq ft in the main house, multiple buildings, and over 100 acres of land, as well as another 100 acres of adjacent property in Chloe Breyer's name), the proposal was adapted to pursue Breyer's property.

Additional questions were raised when comparisons of the property tax evaluation of the Breyer estate with similar adjacent properties showed that Breyer enjoys a valuation less than half that of his neighbors (according to Plainfield Town Clerk's office). Breyer's Harvard University friendship with local resident and State Senator Peter Burling (whose wife is a state superior court judge) may be a reason why Burling has called Lorrey a "terrorist" on New Hampshire Public Radio show "The Exchange" for his proposal.

1 Criticisms
2 Subsequent History
3 Other Articles
4 External links

[edit] Criticisms

Numerous legal scholars, including noted conservative/libertarian Eugene Volokh, have both applauded the political theater of this proposal while deploring any real attempt to effect it, assuming that public officials enjoy some sort of total immunity for their actions. This is a matter of dispute, as while the principle of "judicial immunity" is considered by authorities to be well settled, it is only for actions which are found to be legal. There are limits to judicial immunity.

Congress could theoretically impeach Supreme Court Justices for rulings they found grossly violate the plain language of the Constitution, especially given all federal officials are sworn to "defend the Constitution against all enemies, foreign AND domestic" (emphasis added), some argue that a government official acting in violation of, or seeking to enforce an interpretation of the Constitution that violates its clear language meaning, is acting as a domestic enemy of the Constitution and in violation of their oath of office.

Moreover, the widely accepted legal principle of Mandamus also places a burden of personal liability upon government officials who wilfully refuse to obey a mandamus order. Officials have lost their homes and other property in past cases involving violation of mandamus.

[edit] Subsequent History

New Hampshire legislators, in response to calls by Lorrey, Clements, and LPNH gubernatorial candidate Rich Kahn, for such, have passed a proposed state constitutional amendment that will limit eminent domain in the state to property which will be strictly owned by government entities. This proposed amendment will go to a statewide vote in November, 2006.