"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, New Hampshire, 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 Website. Clements said it would include a dining room called the "Just Desserts Cafe" and 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 is still in Washington, one of his secretaries said.