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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Land Transfer to Save Ten Commandments Monument?

Thursday April 22, 2004
Communities trying to keep Ten Commandments monuments often try to sell the land under the monument to a private entity. They hope that this will allow them to keep the monument in the exact same public place (like a park or courthouse lawn) but without violating the separation of church and state. Of course, courts usually see through this - the lack of any competitive bidding and the obvious purpose of keeping the monument right where it is are usually sufficient reasons to reject such a scheme.

The latest community to try this is Hanover, Pennsylvania. WGAL reports:

Hundreds of Hanover residents have been trying to convince borough leaders to fight the lawsuit and keep the monument in place. ... A petition filed this Friday in York County's Orphan's Court could hold the answer. It asks York County Judge John Snyder to accept a small transfer of land in Wert Park. The borough of Hanover wants to sell a 15-foot-by-15-foot area of land around the monument to a local nonprofit agency. The cost for the land would be $900.

It's possible that the judge will accept this, but that would certainly be appealed and there is a good chance that it would be rejected at a higher level. The goal of such a sale isn't to conform to constitutional restrictions on the government, it's to get around them.

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