For Immediate Release
November 2, 2004
SUBJECT: Free State Project Recruits Displaced New London Residents
Contact: Amanda Phillips, President
Email:
aphillips@freestateproject.org
Phone: 617-763-1996
Website:
www.freestateproject.org
Recently, the city government of New London, Conn. condemned most of its
Fort Trumbull neighborhood in order to give the property to a private
developer. The case has generated a lawsuit
and
national media coverage.
The Free State Project (FSP), which is recruiting advocates of property
rights, free markets, and civil liberties to move to New Hampshire, saw an
opportunity.
"New London residents displaced by this abuse of eminent domain power
likely appreciate the value of private property rights more than most
Americans. They're also now looking for a place to live," explained FSP
founder Jason Sorens, who lives in New Haven, Conn. "We'd like to let them
know that this event could never happen in New Hampshire; the state supreme
court has ruled that private property may never be taken for mere 'economic
development' reasons."
Pat McCotter, another Connecticut Free Stater, took a fact-finding tour of
the Fort Trumbull neighborhood. "More people than you might realize have been
affected by the city government's action," he noted. "Not only were property
owners dispossessed, but people who'd leased property and run businesses on
that property for many years have also been kicked out."
The FSP is running a month-long ad on the
New London Day's website in order
to increase the visibility of the Project among local residents. This ad
follows other successful "shadow ads" that the group has run in South Carolina
and Vermont, generating significant national attention for the Project.
The Free State Project, founded in September 2001, chose New Hampshire as
its destination in October 2003 through a vote of signed-up participants.
Currently, over 6,100 people have committed to move to New Hampshire within the
next several years, and over 50 people have already moved.
Protesters Decry Eminent Domain Ruling: Hundreds demonstrate
by Stephen
Chupaska • 07/15/05
New London -
Just two weeks after the Supreme Court ruled 5-4 in favor of the city in
Kelo v. New London, the protest against the taking of homes in Fort Trumbull
came full circle.
Chanting "Let Them Stay" and flying the Revolutionary War era "Don't Tread
on Me" flag, close to 500 protesters rallied at New London' s municipal
building on July 5, where five years ago, the City Council voted to authorize
the use of eminent domain to seize the homes of Susette Kelo and the six other
property owners.
Some demonstrators who could not find room to stand on the sidewalk in
front of city hall watched from outside the Crocker House – which is
partly owned by New London Development Corporation President Michael Joplin.
The rally took place before a scheduled City Council meeting, which did not
have anything related to the decision or future development on its agenda.
Organized by the Washington, D.C., libertarian lobby group, Institute for
Justice, it drew supporters from all over the Northeast and as far away as
Kentucky and Texas.
"There has not been a Supreme Court case that has had such universal
condemnation," said Scott Bullock, the attorney who argued the case before the
high court. "There has been outrage at a time America is so divided."
Jim Perry, of Peterborough, N.H, and member of the libertarian Free State
Project, said he drove down for the rally because "private property means
private property."
Some took exception to the court's interpretation of the Fifth Amendment,
which sanctions the takings clause.
Nine-year city resident Allan Nicklaus said the court went above the
"original intent of eminent domain."
Fort Trumbull resident Nield Oldham, who called the rally "very
encouraging," reiterated that the property owners were never against the NLDC's
plans for the peninsula.
"It could have been an attractive neighborhood," he said. "They got it so
wrong; now it's time to do it right."
Also present was state House Minority Leader Bob Ward (R-Wallingford), who
said he would work on laws designed to curb the use of eminent domain.
Scott Sawyer, the property owners' local counsel, said he would like to
find a way to keep the property owners' homes in Fort Trumbull.
"The city of New London," he said, "can become the city of solutions."
Bullock addressed the City Council at its meeting, but the council did not
respond to any of the public comment about the Fort Trumbull development.
"It wasn't on the agenda," Councilor Beth Sabilia said.
More media articles about the FSP
These media articles are maintained on a non-commercial basis by
The Free State Project,
a non-profit organization, for historical, educational, scholarship,
and research purposes. (For information regarding "Fair Use", see
US Code Title 17,
Chapter 1, Section 107).
Proposal Made to Seize Souter's Property
by AP • 06/29/05
Proposal Is Made to Seize Supreme Court Justice Souter's Property and Turn
It Into a Hotel
WEARE, N.H. Jun 29, 2005 — Following a Supreme Court ruling last week that
gave local governments power to seize private property, someone has suggested
taking over Justice David Souter's New Hampshire farmhouse and turning it into
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," Logan Darrow Clements of California wrote in a
letter faxed to town officials in Weare on Tuesday.
Souter, a longtime Weare resident, joined in the 5-4 court decision
allowing governments to seize private property from one owner and turn it over
to another if doing so would benefit a community.
The letter dubbing the project the "Lost Liberty Hotel" was posted on
conservative radio show host Rush Limbaugh's Web site. Clements said it would
include a dining room called the "Just Desserts Cafe" an a museum focused on
the "loss of freedom in America."
A message seeking comment from Souter was left at his office Wednesday
morning. The court has recessed and Souter was still in Washington, one of his
secretaries said.
A few police cruisers were parked on the edge of Souter's property Tuesday.
"It was a precaution, just being protective," said Lt. Mark Bodanza.
Clements is the CEO of Los Angeles-based Freestar Media that fights
"abusive" government through a Web site and cable show. He plans to move to New
Hampshire soon as part of the Free State Project, a group that supports
limiting government powers, the Monitor reported.
The letter was passed along to the board of selectmen. If the five-member
board were to endorse the hotel project, zoning laws would have to be changed
and the hotel would have to get approval from the planning board. Messages
seeking comment were left with Laura Buono, board chairwoman.
"Am I taking this seriously? But of course," said Charles Meany, Weare's
code enforcement officer. "In lieu of the recent Supreme Court decision, I
would imagine that some people are pretty much upset. If it is their right to
pursue this type of end, then by all means let the process begin."
More media articles about the FSP
These media articles are maintained on a non-commercial basis by
The Free State Project,
a non-profit organization, for historical, educational, scholarship,
and research purposes. (For information regarding "Fair Use", see
US Code Title 17,
Chapter 1, Section 107).
Eminent Domain Abuses
As its name implies, the Bill of Rights is all about guaranteeing
individual rights; exceptions are noted only for extraordinary circumstances
such as war or the commission of a crime, and even then procedures must be
followed strictly. Two of the
amendments specifically guarantee security in one's home, so it is strange that
the Takings Clause of the Fifth Amendment ("... nor shall private property be
taken for public use, without just compensation.") implies an exception, "for
public use." This loophole addresses one important difficult situation, known
as the holdout problem: if a
project (e.g. a road or park) requires purchasing land from many people, a very
few of them may refuse to sell at the market price and "hold out" for a much
higher price that would be impossible to offer to everyone. The power of
Eminent Domain, as it is known in the United States, authorizes a government to
forcibly purchase land at a price that is "just" (usually interpreted to mean
the market rate).
Exceptions should always be questioned, and such a power does pose obvious
risks:
-
An owner may refuse to sell not as a greedy attempt to negotiate an
exorbitant price but because he or she truly values the property at more than
its market value. Common examples are an elderly resident, for whom moving
would be a shock, and someone for whom the home has strong sentimental value,
e.g. someone who was born in the house or whose family has lived there for
generations.
-
The property may be assessed lower than the true market value, perhaps
because of a mistake or dishonesty.
The recent Supreme Court case of Kelo vs. New London has put Eminent Domain
in the news. A developer wanted to turn 90 residential acres in New London,
Connecticut into commercial real estate, and persuaded the city to help obtain
it from the current residents (one of whom was an 87-year-old woman who had
been born in her house). The city invoked Eminent Domain under the questionable
justification that the developed property would provide greater tax revenue,
and thus would constitute "public use". The Supreme Court decision in favor of
New London has been largely condemned by people on both the left and right (how
could anyone support taking old people's houses and giving them to a heartless
corporation?), but its implications are more subtle.
The result was in some ways a surreal inversion from a parallel universe:
the left-wing justices, who normally oppose federalism, did not hold that
government necessarily has the power to use Eminent Domain for this wider
purpose, merely that the US Constitution does not forbid it. State and local
governments are thus still able to enact stronger guarantees. The conservative
justices, who normally support a stricter interpretation of the Constitution
and favor federalism, voted in the direction of increasing individual rights,
yes, but via a decrease in the states' power.
The long-term result has been cheering to both federalists and champions of
individual liberty, as many individual states and cities have responded by
taking action to enact laws and ordinances restricting eminent domain to
prevent future New London-style abuses. Perhaps states can be trusted to do
the right thing after all? People can always vote with their feet to places
like New Hampshire, where takings for commercial purposes are prohibited.
For more information:
Institute for Justice •
Castle Coalition •
Reason Public Policy Institute
|
...and Responses
Two clever projects have sprung up to draw attention to the Supreme Court
decision in Kelo vs. New London. Both aim to take the houses of the very
Supreme Court Justices that created the new unjust expansion of Eminent Domain,
using their own opinions against them. Both projects have involved some
participants in the Free State Project, though some other Free-Staters have
denounced this method of protest or retaliation as itself unjust. The Free
State Project takes no position on the projects themselves, though our position
on Eminent Domain is derivable from our Statement of Intent.
Constitution Park
The Coalition of New Hampshire Taxpayers is promoting a project to seize
the New Hampshire homes of Justices Souter and Breyer in order to build a
"Constitution Park". The decision will be made by a vote of the townspeople.
More Links: Coalition of New Hampshire
Taxpayers
Lost Liberty Hotel
In the wake of Kelo v. City of New London, private developer, Logan Darrow
Clements, has applied to take possession of U.S. Supreme Court Justice Souter's
New Hampshire residence for the purpose of building "The Lost Liberty Hotel,"
featuring the "Just Desserts Cafe," and a museum dedicated to the loss of
American freedom.
Clements discussed the Lost Liberty Hotel on Fox TV's "Hannity & Colmes" on
7/22/05, and gave a nice mention of the FSP. Also appearing was a Weare
resident who supported Clements.
Here are video clips:
"It Could Happen to You!" – Hannity & Colmes follow the Lost Liberty
Hotel story. Watch these interviews with FSP participant Logan Darrow Clements:
15 Dec 2005
•
16 Dec 2005
In January 2006, the Lost Liberty Hotel effort will sponsor a rally in
Weare, NH, to gather signatures from Weare residents.
More Links:
|
Back to Issues in the News
Eminent Domain Protester 'believes Absolutely In What She's
Doing'
Woman declines legal help after her arrest for refusing to
leave NL City Hall
By
RICK KOSTER · Features · Published on 9/21/2005 [in
The Day, New London, CT]
New London— There haven't been too many would-be tenants
clamoring for apartments in the Fort Trumbull neighborhood.
Lauren Ann Canario, however, is an exception.
A few weeks back, Canario, a resident of Las Vegas and member of a New
Hampshire-based group committed to reducing the role of the government in
society, contacted Bill Von Winkle, owner of a three-story building on Smith
Street in Fort Trumbull.
"She asked if I owned a building there and, if so, did I have an apartment
for rent," Von Winkle said. "I told her I did, and she said, 'I'll take it.'
And she did. I was insistent that she be interested in nonviolent solutions."
Von Winkle was one of the plaintiffs in the Kelo v. New London case that
went to the U.S. Supreme Court in an effort to stop the taking of private
property for redevelopment in the Fort Trumbull neighborhood. Although the
court ruled in favor of the city in June, some of the property owners,
including Von Winkle, remain adamant about not relinquishing their land,
buildings and houses.
Von Winkle said others from across the country have called and expressed
willingness to occupy his property in defiance of eminent domain.
"Some wanted to come to town and bring high-powered sniper rifles," he
said. "Obviously, I did not respond to them. But Lauren seemed to be
level-headed. She's absolutely a smart and nice person."
Canario, a member of the nonprofit Free State Project, wants to build a
community bulletin board in the Fort Trumbull neighborhood where people can
post concerns, Von Winkle said.
"A lot of people stop by on a daily basis to express support and see what's
going on," he said. "This would be her way of allowing that to happen where
everyone could see it."
Canario, 48, was charged Monday night with first-degree trespass, refusal
to be fingerprinted and interfering with police after refusing to leave a City
Hall stairwell after a city council meeting had been canceled. The council had
been scheduled to vote on a resolution declaring no confidence in the New
London Development Corp., which has been the city's agent in the eminent domain
project.
Canario's bail was originally set at $5,000.
Von Winkle hired New London attorney Renee Houle to represent Canario, but
he said Tuesday afternoon that Houle had withdrawn representation.
"(Canario) refused to be fingerprinted and then refused to speak to the
judge," Von Winkle said, "so he raised bail to $10,000. She doesn't want any
help."
Houle could not be reached for comment.
Canario's husband, Jim Johnson, who lives in Las Vegas and is also a member
of the Free State Project, plans to join his wife in New London. He said by
phone Tuesday that he and his wife expect to eventually move to New Hampshire.
He also said that he has been unable to contact his wife after her arrest and
that he read about the incident in an online story in The Day.
"I called the duty sergeant (Monday) night," Johnson said, "and they
wouldn't let me talk to her. But she believes absolutely in what she's doing."
According to Johnson and Von Winkle, one of the main tenets of the Free
State Project is to fight eminent domain. As described in the group's Web site
(www.freestateproject.org), they
are attempting to draw "20,000 libertarians" to move to New Hampshire and
"exert the fullest practical effort toward the creation of a society in which
the maximum role of civil government is the protection of life, liberty, and
property."
The city council's plan to consider a vote of no-confidence in the NLDC had
been brought on by the NLDC sending eviction notices last week to several Fort
Trumbull property owners without informing state officials or the council of
that plan.
Monday's council meeting was canceled after an overflow crowd was remanded
to a stairwell and attempts to hold the meeting fell into chaos. In July, the
fire department found a City Hall fire escape in disrepair and then set the
crowd capacity for council chambers at 49 people until repairs were made.
Von Winkle said that Canario represents 6,700 people who will come to New
London to prevent through nonviolence the seizure of Fort Trumbull property by
the city.
"The (process servers) will have to get through all those people to get to
me. It will be nonviolent, but Canario is very serious about this issue. I
don't know, she'll burn the papers," Von Winkle said. "She represents the
strong feelings of a lot of people who will be here to stop the government from
seizing property. This woman is not afraid of the government."
Johnson, her husband, said, "Lauren knows the law. She took the civil fight
as far as she could (Monday), and she was arrested. Our idea is to go to town
meetings and speak, and you hope to persuade others. Which is why she was at
the meeting and what she was prevented from doing."
When asked about Von Winkle's assessment that 6,700 people will be in New
London if the government attempts to take the Fort Trumbull property, Johnson
said, "I don't know the exact number, but I would think there are a lot of
groups like ours that will be there."
About Canario's resistance to the arrest process, Von Winkle said, "Yeah,
I'm still trying to digest why she's staying in jail. She's got to come out at
some point. But I definitely thought she was capable of this sort of
commitment. She told me that she will absolutely be one of the people who
refuses to leave the property when they try to take it. She was adamant about
that."
� The Day Publishing Co., 2005
For home delivery, please call 1-866-846-9099
These media articles are maintained on a non-commercial basis by
The Free State Project,
a non-profit organization, for historical, educational, scholarship,
and research purposes. (For information regarding "Fair Use", see
US Code Title 17,
Chapter 1, Section 107).
We Made the Move! –
Dawn Lincoln and daughters Jaclyn & Kelsey
Date of Move: April 2004
Reported by Tim Condon, FSP Participant Services Director
It's not easy being a single Mom, especially when you're responsible for
homeschooling two nearly-teenaged daughters. But Dawn Lincoln makes it look
easy. Dawn, together with her two daughters (Jaclyn, 12, and Kelsey, 10),
moved from Newington, Connecticut in April 2004, only six months after New
Hampshire was chosen as "the Free State" in the FSP vote of August and
September 2003. This dynamo Porcupine was one of the earlier members of the
Free State Project to move into the Free State, and made the move in spite of
homeschooling laws in New Hampshire that are more backward than many other
states.
"I am currently homeschooling my daughters," explains Dawn. "The major
hesitation I had with moving to New Hampshire was the homeschool laws in NH. I
decided that I'd just have to deal with the over-regulation of homeschoolers,
and work to help make it better. Since then I've found that one of the least
invasive methods of complying with the homeschool RSA's ("Revised Statutes
Annotated," the NH term for statutes), is to use a private school as your
"participating agency."
What about research? What kind of study did Dawn make of New Hampshire
before making the move? "Not too much!" she responds. "I knew I wanted to
follow the FSP and wanted to do it sooner rather than later. Being from
Connecticut, I wanted to find a spot in New Hampshire where I could be
relatively close to visit my family and friends in Connecticut, and have them
come visit us too. I needed an area with decently priced housing and access to
a gymnastics studio for my 12 year old, so I used the FSP web site to do some
research, and met with Jim Maynard and Shelly Otterson, both of whom live in
Keene in the southwest part of the state."
There were plenty of scouting trips to New Hampshire before the move,
though, Dawn recounts. "I made quite a few trips to come house hunting. It took
us about four months to find the right house in the right location for the
right price. After a few disappointments, we finally found the perfect house. I
focused on Cheshire County, wanting to be close to Keene but live in a little
more of a rural area than the city of Keene."
Now that she's "gone and done it," what are Dawn's impressions of the Free
State overall? "I love NH!" she responds immediately. "The people here have
been very friendly and helpful. The only person I've had a problem with is the
lady at the Department of Motor Vehicle, but that's pretty standard everywhere,
isn't it? This is a beautiful state with many people who really do believe in
Live Free or Die. In my area, I've found that a lot of people are from out of
state, especially Connecticut, so I'm not so much of an outsider as might be
true in other communities. The chair of our local board of selectmen is even
from Connecticut, and has only been in New Hampshire for about three years, so
'outsiders' are definitely able to become respected members of the community
rather quickly in this area.
Any fears about the weather? The weather is typical New England weather,"
explains Dawn. "Not much different from central Connecticut where we came from.
I know because I looked at houses in the middle of winter when it was snowy and
cold. Some areas get more snow than others, of course. My realtor told me
about a 'snow belt' - an area that gets more snow than most of the areas
surrounding it. We steered clear of there!
"There are lots of lakes and plenty of nice summer days to use them," Dawn
continued. "But I was glad we ended up with an air conditioner from our
involvement with Freecycle, when the temperatures were up around 90 in the
summer! Now we're looking forward to snowmobiling with friends this winter,
ice skating on the nearby lake, and snow skiing. We are fairly active - we like
to ski, bike ride, camp, hike, horseback ride, do gymnastics, swim, and boat.
As a result of moving, we'll most likely get into a few new things like
snowmobiling and/or four wheeling. It's really cool in the winter when you see
the snowmobiles riding along the trials near the roads!
"However, in the late spring/early summer, you do have to watch out for the
New Hampshire "official bird" - the black fly (deer fly, gnat, whatever you
want to call it!). They are annoying as can be and love to fly into your eyes
and bite too. I haven't tried this remedy, but someone told me that putting
ammonia on the bite will take the itch out
- I'll be trying it next spring!"
When exploring the Free State for a house to buy, Dawn recounts, she also
visited and met with other Porcupines, including Jim Maynard's girlfriend Pat,
Shelly Otterson, Justin Somma, and Calvin Pratt. She ultimately ended up
outside Keene in the small town of Winchester. Says Dawn, "I bought a house
right off the bat because I didn't want to have to move again. I have a 3
bedroom cape on an acre lot, just perfect for the three of us. My realtor was
awesome - Robin Smith at Masiello Group in Keene. Her work number is
603-352-5433 x 235. She worked very hard for me and helped us finally land in
the right spot. I highly recommend her."
What about new friends in the Free State? Has Dawn linked up with any?
"Yes! " she responds. "Luckily, there are many nice people involved with the
FSP who have been very welcoming and nice too! The 'Meet-and-Greets' have been
a great opportunity to meet people, as well as functions like the annual
Porcupine Festival, the Liberty Dinner, the Coalition for New Hampshire
Taxpayers picnic, the state LP convention, New Hampshire Liberty Alliance
meetings and more. I've met so many, it's hard to list them all! Kat Dillon and
her daughter Kira are two of my favorite FSP members. Kat is really sweet and
hardworking and funny too!
"I have also met a lot of people in town," Dawn continued. "My daughters
are volunteering at a nonprofit daycare center in town, and I volunteered to
help out on the Winchester Pickle Festival committee. It was a great way for me
to get to meet more people. Plus I know most of my neighbors too. For instance,
there's a farm right around the corner from us that has a sign up for eggs for
sale. So, our first day here we stopped in for some eggs. We are really lucky -
our neighbors at the farm have three kids and they homeschool and are
incredibly nice. So, the girls have been having lots of fun with their kids,
and helping with the animals."
What about the people in the Free State overall, I asked. How do they
strike her now that the move is complete? "Well, you have to go out and get
involved to meet people," Dawn responded. "But I'm very pleased with the
caliber of people that I've come across. They're nice, they're helpful and
friendly, and they seem to like their jobs too. The waitresses and cashiers are
even nice to you here!"
How did the move itself go, I wanted to know. Did anyone help Dawn and her
kids get you moved in when they got to the Free State? Says Dawn, "I had plenty
of offers but we moved in slow, one load at a time, so we were all set."
In the meantime, Dawn cautions, New Hampshire isn't perfect; there's plenty
of work for FSP members to do once they get here. "I was most surprised that
the Live Free or Die state is micromanaging their homeschoolers!" she said.
"And was even more surprised that many of the NH homeschoolers I've
corresponded by email with don't seem to think it's that bad!" Nevertheless,
she's glad, excited, and delighted to have "made the move" to the Free State:
"It's really cool to be part of such an awesome historical event like the Free
State Project. It's nice to feel like I'm really going to be able to make a
positive impact in New Hampshire, to help them retain and hopefully gain more
of the freedom they want and deserve. It's inspiring to see so many hard
working, intelligent, well-spoken individuals in this state, all working
together on various projects and within different organizations."
If you're wondering if making a move to the Free State might be right for
you too, and what it would be like, Dawn Lincoln has a few things to say for
you: "Come on up! Find a way to make it work and move as soon as you can! We
need more people here to make things happen. There are lots of hard working
people here already and lots of excellent organizations to get involved in. I
love New Hampshire! Personally, I keep the FSP stuff to myself until I really
know someone. Some people know about the FSP and think it's great, others have
heard about things like the Free Town Project and aren't so sure. But I don't
want to be prejudged by people so I just go about my business and volunteer for
things and get known that way, so I can be judged by who I am and what I do,
not for what groups I do or don't belong to."
"If anyone wants to contact me, please
email me."
Back to We Made the Move!
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