Executive Order: Protecting the Property Rights of the American People

The White House ^ | June 23, 2006 | Office of the press secretary

[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.

[Indy Pendance]

I've been frustrated with this place lately. Did you know, Bush has an in with 'big desert'?

[sinkspur]

Compensations isn't what I was addressing;

You were addressing federal takings for federal highways. Nothing has changed. Why would you expect it to change?

Interstates couldn't expand if he restricted federal highway eminent domain proceedings.

[Constantine XIII]

All it basically does is state that the executive branch will make a nuisance of itself to anyone it catches in the act of an unreasonable exercise of imminent domain on GWB's watch.

That's really all he can do, short of getting Congress to passa a law.

[DaveTesla]

We as a people of the United States have an obligation to
continue to make this issue heard.
Pressure the White House and Congress.
Only then can we expect a resolution.
Many laws are being passed at the state level.
On other words SCREAM AT THE TOP OF YOUR LUNGS.
The mere fact that this order was signed means there
is interest in the White House. With out private property
rights in this country who would invest time and money in
anything if it could be just taken away?

[rocksblues]

and not merely for the purpose of advancing the economic interest of private parties

Is a town considered a private party?

[JerseyHighlander]

The President had several options in forming a response to Kelo.

He could have:
1. Pushed for an act of Congress to restrict the Federal Government's ED doctrine.
2. Publicly responded to Kelo and asked for state governments to restrict ED in their locales.
3. Done nothing.
4. Sign a piece of paper that can be rescinded on Jan 21st 2009 leaving the citizens of this country oppressed under Kelo when it comes to all future Kelo related ED takings.

The President has down some great politicking on the "ownership society" in the past, Kelo was a slap in the face to his personal, public, and political history, and he hasn't responded. Federal plans in N.O. and surrounding locales have the potential for the Fed gove to use ED in a major way to clear out flood plains, and this EO does what to protect local residents? Nothing really.

And I support heavy restrictions on rebuilding in NO.

[AmericaUnited]

I've been frustrated with this place lately. Did you know, Bush has an in with 'big desert'?

No, but let me toke up on some big giant bong and I'm sure that thought will float into my head also.

And I thought only the 'other side' was supposed to have conspiratorial kooks? We were supposed to be the sane ones.

[Paperdoll]

Anything the gubmint doesn't own is privately owned.
I imagine that includes stockheld companies.

[GOP Poet]

If the abuse is mostly happening on the state and local levels, then that is where WE need to fight it. It is beginning to sound a little like the water cooler on a Sarandon/Baldwin shoot.

George Bush can't hold our hand on everything and do it all for us, nor would we want him to. Welfare state mentality is seeping in. Please grab the head and pull it gently out-- :-). Just chiding some who seem to have clamped their lips to the nipple today.

[Graymatter]

President throws bone. Leftists chew one end, conservatives chew the other. Sort of like Millay's candle, it won't last long...but it looks lovely.

[Maeve]

I gather we are all supposed to be overjoyed ...

[DaveTesla]

"Is a town considered a private party?"

Ahh.. But the city's use convoluted excuses like tax revenue
to advance the interests of politically connected private parties.

[Czar]

"Plans for the Canadian, USA, Mexico Corridor (including any governmental confiscation for easements) remains intact."

I'm sure the usual suspects will be along shortly to explain why all of this is merely business as usual and poses no real sovereignty threats to the United States.

Our FR pretend-conservatives are even now going into the spin mode.

[Paperdoll]

>He just granted himself unconstitutional power. Just great<

Well, after all, he'll need it to build the NAFTA Super Highway, won't he? Arghhhhhh!

[Indy Pendance]

Um, that was a joke.

[sinkspur]

Federal plans in N.O. and surrounding locales have the potential for the Fed gove to use ED in a major way to clear out flood plains, and this EO does what to protect local residents? Nothing really.

Unless it is for a federal project, the federal government would not do the taking. If the feds clear out flood plains to let the land lie vacant, then that would be a federal project, I guess, and subject to current law.

Kelo gave governments the power to do takings for private corporations for private interests. This EO prevents the feds from doing that, but not state or local governments.

[processing please hold]

A good first step in righting SCOTUS' wrong.

Which happened one year ago today...my Birthday.

[AmericaUnited]

I gather we are all supposed to be overjoyed ...

Well how about just try to stop all the incessant whining and griping 24/7! Good God, no good deed goes unpunished by the 'perpetually miserable' crowd@! Like a dark cloud hanging over everything.

[hedgetrimmer]

The next step would be to hand it over to the U.N.

It explicity states the federal government can convey land to an NGO, which is what the UN is, as is the NASCO supercorridor group, as is the Kansas City Smartport group.

[hedgetrimmer]

You did not read the order if you hope that state and local governments should follow.