THE WHITE HOUSE
President George Bush
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.
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.