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Bush Signs Executive Order Protecting Private Property Rights

Updated

President Bush signed an Executive Order today, on the one year anniversary of the Kelo decision, protecting private property rights from eminent domain abuses.

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.

From Reuters:

President George W. Bush issued an executive order on Friday to limit the U.S. government from taking private property only for the benefit of other private interests, like corporations.

The order came exactly a year after a divided Supreme Court ruled a city could take a person's home or business for a development project to revitalize a depressed local economy, a practice known as eminent domain.

"The federal government is going to limit its own use of eminent domain so that it won't be used for purely economic development purposes," White House spokeswoman Dana Perino said.

President Bush's order is welcome news.

Update: Rep. James Sensenbrenner (R-WI) was pleased with the President's executive order which provides support for private property rights. He also noted that in response to the Kelo decision, the House passed a bill which would stop Kelo inspired eminent domain abuses, but the Senate still hasn't done anything.


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Comments (25)

I wonder how the Republican... (Below threshold)
Lee:

I wonder how the Republicans will use this tool against the American people... they cannot be trusted.

NO politician can be truste... (Below threshold)

NO politician can be trusted. That's why the founding fathers prescribed a LIMITED government. At least this executive order appears to be an attempt to limit the avarice of some politicians.

Lee: "I wonder how the R... (Below threshold)
Justrand:

Lee: "I wonder how the Republicans will use this tool against the American people... they cannot be trusted."

Which part of this DON'T you understand?
"President George W. Bush issued an executive order on Friday to limit the U.S. government"

Lee, seeing as how the horr... (Below threshold)
MikeSC:

Lee, seeing as how the horrid decision was the fault of liberals --- asking conservatives to not try and fix a massive problem is laughable.
-=Mike

Lee has nothing to worry ab... (Below threshold)
Old Coot:

Lee has nothing to worry about. Should his current home be taken, he can easily locate a new burrow under a different bridge.

The part I don't understand... (Below threshold)
Lee:

The part I don't understand is how this administration can be trusted to operate in the public's interest, instead of purely in their own political interests. It just doesn't jive with the history of Bush's administration.

What we don't know is how this will law will be used against everyday citizens. Bush's press release apparentaly doesn't mention it.

Yes, because the specter of... (Below threshold)
MikeSC:

Yes, because the specter of the federal government NOT being able to seize your property for economic development is the first step in the tyrannization of America.
-=Mike

I thought Bush was in the p... (Below threshold)

I thought Bush was in the pocket of big business and stuff. Now I'm just confused.

The part I don't underst... (Below threshold)

The part I don't understand is how this administration can be trusted to operate in the public's interest

First of all, NO politician or administration CAN BE trusted. Second of all, many politicians really DO want to do what's right, albeit as long as they can "afford it politically," and I'M willing to give even Bushes and Clintons the benefit of that doubt, although I personally believe the Clintons' choice of moral codes is MUCH WORSE than the Bushes'! And even though their definition of what's right may differ, I definitely see George W. Bush as wanting to do what's right.

This has no effect upon STA... (Below threshold)
epador:

This has no effect upon STATES or local communities exercising eminent domain.

epador nails the salient po... (Below threshold)

epador nails the salient point: the federales aren't the ones using eminent domain for private development. It is states and localities who have been doing this.

And, they have been doing it for decades. Scarcely ANY redevelopment project in urban areas would have been possible without it. The Balitmore Harbor, and the Savannnah and Beaufort river projects come to mind immediately - most of the others failed anyway.

So, while Kelo expanded this power by a very tiny bit - it wasn't even a majority decision - it did not create some new authority.

This is a case of an Executive Order crafted solely for political benefit. It has no practical effect whatever.

Before the moonbats begin to celebrate that "victory," they should compare the number of such EO's from the Clinton Administration. Bush the Elder, Reagan, and Carter each had a couple that fit the same bill, but Clinton raised it to a high art form.

õ¿õ

A post over on Volohk indic... (Below threshold)
_Jon:

A post over on Volohk indicates that this is just empty rhetoric. It contains clauses that allow the FedGov to do what they want.

A study of the 18+ State Governments that recently enacted similar laws showed that only ONE actually had any teeth. The other 17 were full of fluff or had loopholes making them worthless.

I agree - you cannot trust a politician.

Lee: "What we don't know... (Below threshold)
Justrand:

Lee: "What we don't know is how this will law will be used against everyday citizens. Bush's press release apparentaly doesn't mention it.

Posted by: Lee
. Bush's press release apparentaly doesn't mention it."

WHAT?? It doesn't mention "how this will law will be used against everyday citizens" in Bush's press release?

Dammit...the White House communications staff is slipping up!

I'm sure the NY Times will happily clear that up for us.

Geesh...Moonbats, ya know?

On the bright side, however... (Below threshold)
JJ:

On the bright side, however, this EO will give angry liberal law students something else about which to be ungrateful and against which they can focus their reflexive condescension.

Anyways, this whole Kelo thing is ridiculously overblown. What goes in New London, CT is not representative of the country at large. Even most liberal Democrats are not stupid enough to take away Grandma Voter's old Victorian home to put in a freakin' Super Save-Mart in its place. I mean, come on, give me a break.

This is just chattering-class fodder for grad students, black helicopter nuts, and political junkies.

Oh, yeah, BTW, Lee's commen... (Below threshold)
JJ:

Oh, yeah, BTW, Lee's comments remind me of a recent experience I had while I was teaching eminent domain in a business law course at a local college.

Not a single student in my class of 20 knew what eminent domain was, nor had they heard of the Kelo decision. I playfully asked them if they've ever driven on an Intersate freeway and how they suppose the gummint was able to construct those thoroughfares over private farms and such.

Dead silence.

Homeschool your kids, folks. Their future is at stake.

* * *

I'm thinking GOP Govs. in close races will want to pull something like this. It's a nice political gesture with no downside.

Lee, Epador, think of it th... (Below threshold)
blueeyes:

Lee, Epador, think of it this way.

Do you really think, say, oh, Mitt Romney or George Pataki wants to be less supportive of an individual's rights than George freaking Bush?

If it isn't overturned by the courts or the legislature (both reasonably unlikely), it's going to be political suicide to not follow Bush's lead here.

Blueeyes has it dead on. No... (Below threshold)
The Listkeeper:

Blueeyes has it dead on. Now that Bush has done this, it becomes MUCH easier to shame errant politicians into following suit.

In reality, the EO isn't go... (Below threshold)
Faith+1:

In reality, the EO isn't going to do squat.

It is a message to the Court that Bush thinks they messed up and now that he has 2 more conservative judges on the Court they should probably review the next case available to address the issue--hopefully to reverse Kelo.

It is a message to local and state politicians they had better not abuse Kelo if they expect help from the Federal government. Or perhaps even more pointedly, if you are a GOP or conservative candidate and you want help in the upcoming elections you better look to rein in things at your level and not abuse this decision.

Lastly, it's a message to the liberal democrats that he is taking a firm position to stop their facist attempts at destroying the rights of this country's citizens. This was a bill supported by Democrats and supported by liberals for the sole purpose of giving the government more power which they crave.

Lee, I can see why in your first statement you would assume it would be something to abuse since the left views everything as something they can use to dominate, rule and enslave the populace they hold in contempt.

Lee:4 out of 5 men... (Below threshold)
JB:

Lee:

4 out of 5 mental health professional agree: reflexive paranoia is NOT a healthy response to cognitive dissonance.

This is great news!!! Bush ... (Below threshold)
kirktoe:

This is great news!!! Bush is hitting on all cylinders now. I expect more of the same thing the next 5 months as we head into the mid-term elections.

Karl Rove is weving his magic once again now that he's not distracted by the Grand Jury.

If I was a Democrat I'd be very worried (and I think they are considering the mindless ramblkings we've seen here on this thread).

I do not predict that State... (Below threshold)

I do not predict that States (though some communities may try) will follow suit lock step. I think blueeyes and List are way too optimistic in the current political climate.

JB - glad to hear your fin... (Below threshold)
Lee:

JB - glad to hear your finally looking into getting help. Good job!

Honestly, this is as big a ... (Below threshold)

Honestly, this is as big a slam dunk issue for the GOP as there could possibly be. Lefty candidates for President should have Kelo hung around their necks for decades to come.
-=Mike

Does this mean Bush will <a... (Below threshold)

Does this mean Bush will give the money back?

I don't see how this is suc... (Below threshold)
CP:

I don't see how this is such a black and white issue or, how these political boards go, Democrat / Republican. I would think that Kilo tends to have a more conservative flair, where governments are in cahoots with private business. It just seems like there type of sport they like to play, greasing the palms of private business that is. It is my belief that liberals like eminent domain laws that are for PUBLIC GOOD and not involved in any private gain like public necessities. I'm talking about necessities like hospitals, schools, parks, fire stations, and other public services. Liberals don't necessarily like governments taking peoples property to build things like shopping centers, office buildings, retail shops, and the like, where land is taken on the cheap, given to private business, land use changed, and big profits made. That is government supported robbery. And, that is what the Kilo decision is allowing.




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