Bush issues Exec Order restricting Federal Eminent Domain


Gold Member
Jun 20, 2006
San Diego, CA
Well, good for him. The Supremes said, in one of their weirdest and worst decisions in a decade, that it's OK for govt to take people's property for PRIVATE use. But they didn't say it was compulsory - thank God for that, anyway. Now Bush has signed an Executive Order directing that the Fed govt will NEVER take property for private use, but only for public use as Eminent Domain has alwas been understood to allow.

He made his E.O. binding on the Federal govt, but wisely did not restrict states from taking property for private purposes, letting them each decide on their own what their own state govt will do. (Most states have already enacted legislation similar to this order, but not all have.)

Until the E.O. is rescinded, of course, which can always happen.

What we need is another test case to be brought before the Supremes again, with different circumstances, and presented to the Supreme's new membership. Once they point out what the Constitution actually says, the "Kelo" abomination will be more permanently buried.



For Immediate Release
Office of the Press Secretary
June 23, 2006

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.


June 23, 2006.

(Full text of the Order can be read at the above URL)

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