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.




Comments (25)
I wonder how the Republican... (Below threshold)1. Posted by Lee | June 23, 2006 11:08 PM | Score: 0 (0 votes cast)
I wonder how the Republicans will use this tool against the American people... they cannot be trusted.
1. Posted by Lee | June 23, 2006 11:08 PM |
Score: 0 (0 votes cast)
Posted on June 23, 2006 23:08
2. Posted by FreeKeys | June 23, 2006 11:28 PM | Score: 0 (0 votes cast)
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.
2. Posted by FreeKeys | June 23, 2006 11:28 PM |
Score: 0 (0 votes cast)
Posted on June 23, 2006 23:28
3. Posted by Justrand | June 23, 2006 11:36 PM | Score: 0 (0 votes cast)
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"
3. Posted by Justrand | June 23, 2006 11:36 PM |
Score: 0 (0 votes cast)
Posted on June 23, 2006 23:36
4. Posted by MikeSC | June 23, 2006 11:37 PM | Score: 0 (0 votes cast)
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
4. Posted by MikeSC | June 23, 2006 11:37 PM |
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Posted on June 23, 2006 23:37
5. Posted by Old Coot | June 23, 2006 11:43 PM | Score: 0 (0 votes cast)
Lee has nothing to worry about. Should his current home be taken, he can easily locate a new burrow under a different bridge.
5. Posted by Old Coot | June 23, 2006 11:43 PM |
Score: 0 (0 votes cast)
Posted on June 23, 2006 23:43
6. Posted by Lee | June 23, 2006 11:43 PM | Score: 0 (0 votes cast)
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.
6. Posted by Lee | June 23, 2006 11:43 PM |
Score: 0 (0 votes cast)
Posted on June 23, 2006 23:43
7. Posted by MikeSC | June 23, 2006 11:47 PM | Score: 0 (0 votes cast)
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
7. Posted by MikeSC | June 23, 2006 11:47 PM |
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Posted on June 23, 2006 23:47
8. Posted by SilverBubble | June 24, 2006 12:03 AM | Score: 0 (0 votes cast)
I thought Bush was in the pocket of big business and stuff. Now I'm just confused.
8. Posted by SilverBubble | June 24, 2006 12:03 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:03
9. Posted by FreeKeys | June 24, 2006 12:08 AM | Score: 0 (0 votes cast)
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.
9. Posted by FreeKeys | June 24, 2006 12:08 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:08
10. Posted by epador | June 24, 2006 12:16 AM | Score: 0 (0 votes cast)
This has no effect upon STATES or local communities exercising eminent domain.
10. Posted by epador | June 24, 2006 12:16 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:16
11. Posted by Adjoran | June 24, 2006 12:29 AM | Score: 0 (0 votes cast)
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.
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11. Posted by Adjoran | June 24, 2006 12:29 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:29
12. Posted by _Jon | June 24, 2006 12:29 AM | Score: 0 (0 votes cast)
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.
12. Posted by _Jon | June 24, 2006 12:29 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:29
13. Posted by Justrand | June 24, 2006 12:50 AM | Score: 0 (0 votes cast)
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?
13. Posted by Justrand | June 24, 2006 12:50 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 00:50
14. Posted by JJ | June 24, 2006 1:04 AM | Score: 0 (0 votes cast)
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.
14. Posted by JJ | June 24, 2006 1:04 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 01:04
15. Posted by JJ | June 24, 2006 1:24 AM | Score: 0 (0 votes cast)
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.
15. Posted by JJ | June 24, 2006 1:24 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 01:24
16. Posted by blueeyes | June 24, 2006 1:37 AM | Score: 0 (0 votes cast)
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.
16. Posted by blueeyes | June 24, 2006 1:37 AM |
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Posted on June 24, 2006 01:37
17. Posted by The Listkeeper | June 24, 2006 6:54 AM | Score: 0 (0 votes cast)
Blueeyes has it dead on. Now that Bush has done this, it becomes MUCH easier to shame errant politicians into following suit.
17. Posted by The Listkeeper | June 24, 2006 6:54 AM |
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Posted on June 24, 2006 06:54
18. Posted by Faith+1 | June 24, 2006 7:50 AM | Score: 0 (0 votes cast)
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.
18. Posted by Faith+1 | June 24, 2006 7:50 AM |
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Posted on June 24, 2006 07:50
19. Posted by JB | June 24, 2006 9:43 AM | Score: 0 (0 votes cast)
Lee:
4 out of 5 mental health professional agree: reflexive paranoia is NOT a healthy response to cognitive dissonance.
19. Posted by JB | June 24, 2006 9:43 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 09:43
20. Posted by kirktoe | June 24, 2006 10:14 AM | Score: 0 (0 votes cast)
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).
20. Posted by kirktoe | June 24, 2006 10:14 AM |
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Posted on June 24, 2006 10:14
21. Posted by epador | June 24, 2006 10:50 AM | Score: 0 (0 votes cast)
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.
21. Posted by epador | June 24, 2006 10:50 AM |
Score: 0 (0 votes cast)
Posted on June 24, 2006 10:50
22. Posted by Lee | June 24, 2006 12:37 PM | Score: 0 (0 votes cast)
JB - glad to hear your finally looking into getting help. Good job!
22. Posted by Lee | June 24, 2006 12:37 PM |
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Posted on June 24, 2006 12:37
23. Posted by MikeSC | June 25, 2006 2:47 AM | Score: 0 (0 votes cast)
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
23. Posted by MikeSC | June 25, 2006 2:47 AM |
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Posted on June 25, 2006 02:47
24. Posted by Dave Johnson | June 26, 2006 12:33 PM | Score: 0 (0 votes cast)
Does this mean Bush will give the money back?
24. Posted by Dave Johnson | June 26, 2006 12:33 PM |
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Posted on June 26, 2006 12:33
25. Posted by CP | June 27, 2006 5:13 PM | Score: 0 (0 votes cast)
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.
25. Posted by CP | June 27, 2006 5:13 PM |
Score: 0 (0 votes cast)
Posted on June 27, 2006 17:13