Posted on 06/23/2006 3:04:01 PM PDT by DaveTesla
Executive Order: Protecting the Property Rights of the American People
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the rights of the American people against the taking of their private property, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.
Sec. 2. Implementation. (a) The Attorney General shall:
(i) issue instructions to the heads of departments and agencies to implement the policy set forth in section 1 of this order; and
(ii) monitor takings by departments and agencies for compliance with the policy set forth in section 1 of this order.
(b) Heads of departments and agencies shall, to the extent permitted by law:
(i) comply with instructions issued under subsection (a)(i); and
(ii) provide to the Attorney General such information as the Attorney General determines necessary to carry out subsection (a)(ii).
Sec. 3. Specific Exclusions. Nothing in this order shall be construed to prohibit a taking of private property by the Federal Government, that otherwise complies with applicable law, for the purpose of:
(a) public ownership or exclusive use of the property by the public, such as for a public medical facility, roadway, park, forest, governmental office building, or military reservation;
(b) projects designated for public, common carrier, public transportation, or public utility use, including those for which a fee is assessed, that serve the general public and are subject to regulation by a governmental entity;
c) conveying the property to a nongovernmental entity, such as a telecommunications or transportation common carrier, that makes the property available for use by the general public as of right;
(d) preventing or mitigating a harmful use of land that constitutes a threat to public health, safety, or the environment;
(e) acquiring abandoned property;
(f) quieting title to real property;
(g) acquiring ownership or use by a public utility;
(h) facilitating the disposal or exchange of Federal property; or
(i) meeting military, law enforcement, public safety, public transportation, or public health emergencies.
Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with Executive Order 12630 of March 15, 1988.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
June 23, 2006.
Damn those gila monsters.
And pumas. Mean, vicious pumas hiding in the crevices.
(If you're a Smothers Brothers fan, you'll get that.)
Much of the land surrounding the Corridor is privately owned. It cuts through the heart of the USA, from the southern border north to Canada, with numerous extensions out, to the east and the west. This is one reason why the 2006 Texas Republican Platform is against the Corridor: it allows for confiscation of private land.
Still, my question remains, will this effect the Govt's ability to build a WALL ?
The TTC will be for public use and public benefit and there will be no tax money involved.But there will be private property.
They're using private funds to confiscate private property because the ones funding the taking are going to profit from YOUR property...It isn't charity.
Would your attitude be so cavalier if they took your property?
How can this EO only apply to the TTC ?
I'm putting hope (maybe foolishly) in the new makeup of SCOTUS to start reversing some of the absolutely ridiculous decisions that have come down in the last 30 or 40 years.
If President Bush could get just one more appointment seated on the court, I believe we would start to see a real difference or maybe it's just wishful thinking.
Tell me about it...Here in Sue York, my parents are paying $11k a year in property taxes (last they told me..Probably is $12k now), and they live all the way out in the boondocks on Long Island, in Riverhead. They`re in their late 60`s now and want to retire but really can`t because of this property tax stuff and the Clinton initiated taxation on Social security. And what happens if they don`t pay that property tax? Good bye house. It sucks beyond belief because they don`t want to move and I ain`t rich, far from it, but I still have to throw them some cash every now and then. It pisses me off like you can`t imagine, not that I have to help them out , but that they have to stave off a bunch of sc*mbags from taking something they OWN. THEY own the land and the house, no mortgage, nothing, yet they have to pay this ridiculous amount which to me amounts to nothing more than holding someones property hostage each year.
Indeed it is. Thanku.
Let 'em. They're taking all the risk. And, I don't have to use the TTC.
Would your attitude be so cavalier if they took your property?
I'm not married to my property or material things.
I knew it, my gravometer glitched just as the corporocity started to agaciate. I have been connecting dots for so long - well, people are starting to talk.
The corporations exist by rights granted by gov't. They are legal persons with all Constitutional rights, which seems an odd thing since they may also be owned.
Old enough, not a fan.
2006 STATE REPUBLICAN PARTY PLATFORM (Texas GOP.org [pdf file]
On Saturday, June 3, 2006, the Republican Party of Texas adopted their 2006 State Republican Party Platform. Under the first section of their platform, titled Preserving American Freedom, is a plank specific to the Trans-Texas Corridor. It reads:
"Trans-Texas Corridor — Because there are issues of confiscation of private land, State and National sovereignty and other similar concerns, we urge the repeal of the Trans-Texas Corridor legislation."[page P-4]Also under the first section of their platform, titled Preserving American Freedom, is a plank addressing the use of eminent domain. It reads:
"Eminent Domain — We support limiting the definition of eminent domain to exclude seizing private property for public or private economic development or for increased tax revenues. We urge the Legislature to amend the Texas Property Code to protect the rights of private property owners by notification of their rights under the law with regard to condemnation and to require the condemner to show the just need for the action by petitioning a court of jurisdiction with significant due process safeguards for the land owner. We believe that the taking of property should follow with immediate compensation to the property owner." [page P-3]
Gad, move to the midwest, our taxes are less than 3k. Two acres.
ping to my post #137. Some information on the corridor.
Whether it is legally toothed or toothless, it is still an example of the President using the bully pulpit to providing some visible leadership on a matter of principle. It would be nice to see more of this!
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