To: nicmarlo
Thanks for the info, My question is, does Sec 1 supercede Sec 3 ?
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. 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:
i) meeting military, law enforcement, public safety, public transportation, or public health emergencies.
Will some in this country argue that it is not to the benefit of the general public and there is no military, law enforcement or public safety concern ?
To: be4everfree
My question is, does Sec 1 supercede Sec 3 ? No, not from my understanding how it is written. In layman's terms, Section 3 addresses that question. It specifically states that however some may interpret whatever is written in Section 1, that interpretation cannot be construed to mean that the Federal Government is restricted or prevented from confiscating private lands, "according to law" (meaning, as long as the Feds follow the laws for confiscation, i.e., condemnation or other such methods, the takings are theirs).
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