That's nice, but the real abusers are at the state and local levels!
While I applaud the sentiment, it's a sort of toothless order. It relies on the judgement of a bureacrat as to what constitutes public use. It offers no legal protection (Sec. 4d: 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) should said bureacrat violate it.
Well, it's better than nothing, but it seems to use a lot of words to not really change the issue.
It misses the central point: is it sufficiently "in the public interest" to increase the tax base? That is what the whole issue revolves around, and this order doesn't really address that directly.
Your input would be appreciated.
Cutting off federal funds to cities that abuse eminent domain comes to mind.
City ABC takes Wal-Mart's buildings because a new city council doesn't like Wal-Mart, then City ABC loses all federal funds.
Build on this concept. Withhold federal funds for any city that defies federal laws by declaring itself a "free city" or a "safe zone" or that bans the Pledge or that bans officers from enforcing drug laws, etc.
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
bttt
A good first step in righting SCOTUS' wrong.
...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 ....roadway,....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;
Plans for the Canadian, USA, Mexico Corridor (including any governmental confiscation for easements) remains intact.
I think this only applies at the Federal Level. Now let's hope that State and Local government follow this great lead.
Throw a dog a bone.
Why this, the anti homo marriage amendment, the flag burning amendment, the 10 commandments fight and the war on terror should be enough to get those damn Conservatives to stfu and get back to voting for us.
By gawd yer right Trent.
THIS President hasn't rescinded the worst of Clinton's Executive Orders, even after campaigning on the issue in 1999. No credibility, no level of trust, no support for empty signatory statements.
Wow! This rocks!!! Bush used his power for something FOR AMERICANS!!! I am thrilled. Does this trump that Men in Black decision?? Hope so. America is built on the ability of Americans to have private property and land.
He just granted himself unconstitutional power. Just great.
Congress better get going and stop this one DEAD.
It's about time. Was the WH being as slow as molasses in January, or what?
This seems to say exactly nothing.
PING
Is a town considered a private party?
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.