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Executive Order: Protecting the Property Rights of the American People
The White House ^ | June 23, 2006 | Office of the press secretary

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.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: dustin; dustininman; eo; executiveorder; gopgivethratstaketh; inman; keloyearone; privateproperty; propertyrights
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To: NittanyLion

Well, how about the Feds get out of the business of handing out money period?


161 posted on 06/23/2006 5:24:58 PM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: nicmarlo
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"

Which probably didn't need to be stated because the president doesn't have the executive power to limit the application of Federal laws otherwise he would be violating his oath of office.

162 posted on 06/23/2006 5:25:03 PM PDT by Raycpa
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To: Czar
Spinning?

Oh, you mean I'm not part of the a-trade-deal-is-the-loss-of-sovereignty crowd?

No, I'm not. I haven't read THE NEW AMERICAN in a very long time, either.

163 posted on 06/23/2006 5:25:47 PM PDT by sinkspur (Today, we settled all family business.)
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To: Raycpa

True. But it does act to clarify, in any event.


164 posted on 06/23/2006 5:26:40 PM PDT by nicmarlo
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To: Congressman Billybob

But all the "lawyers" in the thread call it "toothless!"


165 posted on 06/23/2006 5:28:10 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: DaveTesla

You are very right about our needing to take action.


166 posted on 06/23/2006 5:32:22 PM PDT by Maeve
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To: AmericaUnited

The problem is they are not very savvy politically, much to their detriment. They are absolutely politically retarded for lack of a better word.

For example when Bubba Clinton ran for a second term, I told them about a zillion times DO NOT VOTE FOR THIS IDIOT! Do not do not!!! He is a freggin` sociopath! And I thought THIS time they wouldn`t, especially after the ten zillion scandals... And what happens? They voted for him anyway! AGAIN! Why? My mothers reasoning; "He is nice looking, I like him and I don`t think everything they say about him is true" and my Father: "Your mother told me to vote for him" (which is more proof for Ann Coulters theory that women should not be allowed to vote...They vote on looks and force their husbands to follow)

This is the depth of my parents political interest. This is how Hitler came to power; Germany must have been filled with clones of my parents... "Oh but that Hitler has such a cute mustache" Oh yes, and you think that is bad, you should see my Grandmother who is now 97 years old. Ronald Reagan to her was the devil, she hated his freggin` guts, and Jimmy Carter the greatest President that ever lived "He helped all those poor people in Cuba!" My brother is the same way...Hillary should be President and the US are the only trouble makers on earth.

I`ve come to a theory that there is a political retard gene in my family tree and by the grace of God, somehow I missed it. I thank the Almighty everyday after I talk politics with my family. "There but for the grace of God goes forth the blind yet I can see"


167 posted on 06/23/2006 5:33:00 PM PDT by Screamname (Does your terror group need a cheerleader? Call 1-800-Cindy-Sheehan)
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To: MarcusTulliusCicero
While I applaud the sentiment, it's a sort of toothless order.

Pure pabulum indeed. As if "forts, dockyards, arsenals, and other needful buildings," included parks telecom rights of way, or non-governmental uses (The Nature Conservancy anybody?), but then, we know what GWB thinks of his oath of office.

168 posted on 06/23/2006 5:35:29 PM PDT by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: stands2reason
But all the "lawyers" in the thread call it "toothless!"

Toothless?


169 posted on 06/23/2006 5:35:33 PM PDT by Raycpa
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To: Raycpa; All
Ran across the following while on another thread. FYI

Analysis from U.S. News & World Report

170 posted on 06/23/2006 5:39:45 PM PDT by sageb1 (This is the Final Crusade. There are only 2 sides. Pick one.)
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To: B Knotts
It is interesting that almost as many libs as conservatives are annoyed by Kelo and it's implications. As I wasn't really very cognizant of national politics in 1973 I can recall no SOCTUS decision giving me quite the sick, kicked in the gut sensation.
171 posted on 06/23/2006 5:39:48 PM PDT by RedStateRocker
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To: sinkspur
"Oh, you mean I'm not part of the a-trade-deal-is-the-loss-of-sovereignty crowd?"

No, I mean exactly what I said. By way of further explanation, I would say you are more properly assigned to the party-above-principle Big Tent GOP "Bush is our guy" crowd.

"I haven't read THE NEW AMERICAN in a very long time, either."

Not familiar with it but, considering your disparaging tone, I suppose it's something I should check out for that reason alone.

172 posted on 06/23/2006 5:50:26 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar
I would say you are more properly assigned to the party-above-principle Big Tent GOP "Bush is our guy" crowd.

This, from a guy who never met a conspiracy he didn't believe.

173 posted on 06/23/2006 5:51:52 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur
"This, from a guy who never met a conspiracy he didn't believe."

Ah, there you go again. Assuming facts not in evidence.

Don't blame me for your posting record.

174 posted on 06/23/2006 5:55:44 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar

Why are you always so unpleasant?


175 posted on 06/23/2006 5:57:24 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur
"Why are you always so unpleasant?"

Would you believe me if I told you I try not to be?

I might ask you the same question.

176 posted on 06/23/2006 6:00:32 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar

I give as I get.


177 posted on 06/23/2006 6:06:44 PM PDT by sinkspur (Today, we settled all family business.)
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To: Huber
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!

Well, it would be a much better use of the bully pulpit on a Monday than a Friday night. Unless he can sucker the Dems into taking the bait and launching into protracted howling, most Americans will never hear of this, and still believe that the loss of property rights from the Supreme Court's Kelo decision is still a potential threat to them.

178 posted on 06/23/2006 6:16:57 PM PDT by Diddle E. Squat
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To: sinkspur
"I give as I get."

So do I.

And quite happy to do so.

179 posted on 06/23/2006 6:20:56 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: RightWhale
It might be noted that corporations are public.

Nope, 2 very different legal meanings of the term 'public'. A public corporation is still a private entity when it comes to defining 'public use'.

180 posted on 06/23/2006 6:21:15 PM PDT by Diddle E. Squat
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