Tweet
Remember the fracas over the Supreme Court decision allowing property takings by cities for use by private developers etc.? Well.....it ain't gonna happen with the Feds;
Executive orders can only affect Federal polict so they're unaffected.
That said; even though the USSC takings decision only came down last year the new Supreme Court under Justice Roberts is set to revisit that decision in the next session. This is an unusually short time interval from the original decision for such a review.
If the previous decision were reversed that would prevent such takings by cities, counties & states in addition to the Feds.
IMO given the philsophical change in the Roberts court this travesty is on its way out, thank God.
Dr. Mordrid
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).
>
>
GEORGE W. BUSH
THE WHITE HOUSE,
June 23, 2006
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).
>
>
GEORGE W. BUSH
THE WHITE HOUSE,
June 23, 2006
That said; even though the USSC takings decision only came down last year the new Supreme Court under Justice Roberts is set to revisit that decision in the next session. This is an unusually short time interval from the original decision for such a review.
If the previous decision were reversed that would prevent such takings by cities, counties & states in addition to the Feds.
IMO given the philsophical change in the Roberts court this travesty is on its way out, thank God.
Dr. Mordrid
Comment