Eminent domain restricted?

Executive Order: Protecting the Property Rights of the American People

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.

If I am reading this correctly, this addresses the eminent domain threat quite mightily.

What do you more knowledgeable readers think?

Ever since the Supreme Court’s ruling last year, the general public has been in an uproar. I am somewhat surprised that somebody listened.

Perhaps equally important is this question – what are the loopholes that some will try to exercise?

Update 06-24-06: One of the best things about blogs is the rapid access to analysis by those much smarter than I. The Volokh Conspiracy has a critical analysis of President Bush’s Executive Order. HT: Instapundit

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2 Comments

  1. TrvlnMn June 23, 2006 at 21:21

    I’d like to say this one of the few things he’s done that I actually agree with, but then I’m too much of a cynic and begin to wonder if this executive order does any good for those people in Connecticut? Probably not. Day too late. I’m also wondering why did he wait until now, instead of issuing this the day after the Supreme Court ruling?

    I’m not a lawyer so I won’t speculate on the potential legal loopholes, however it only looks like it specifically rules out the type of thing that happened in Connecticut.

  2. Jim Duncan June 29, 2006 at 15:45

    It seems that this Federal ruling will have little impact on local and state takings – other than to set an example. Oh well, at least it’s something.