The Lost Liberty Hotel or Lost Liberty Inn was a proposed hotel to be built on the site of United States Supreme Court Associate Justice David Souter's properties in Weare, New Hampshire. The proposal was a reaction to the Supreme Court's Kelo v. New London (2005) decision in which Souter joined the majority ruling that the U.S. Constitution allows the use of eminent domain to condemn privately owned real property for use in private economic development projects.
On March 14, 2006, a ballot initiative favoring this project was defeated by almost a three to one margin. Two candidates who had supported the initiative were not elected to the town's Board of Selectmen.
Souter voted with the five-Justice majority in Kelo v. New London, a 2005 decision in which the Court held that the Constitution does not prohibit a local government from condemning private property in order to transfer the land to a commercial developer that promises to bring in more tax revenue than the original owner, so long as such use serves a subjectively-defined "public purpose," such as economic development of a "distressed" area. Justice John Paul Stevens wrote the majority opinion, joined by Justices Anthony Kennedy, David Souter, Ruth Bader Ginsburg and Stephen Breyer. Justice Sandra Day O'Connor wrote the principal dissent, joined by Chief Justice William Rehnquist, and Justices Antonin Scalia and Clarence Thomas. Justice Thomas also wrote a separate dissent.