Text 2888, 103 rader
Skriven 2006-06-23 23:34:32 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (060623a) for Fri, 2006 Jun 23
====================================================
===========================================================================
Executive Order: Protecting the Property Rights of the American People
===========================================================================

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.

# # #
===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2006/06/20060623-10.html

 * Origin: (1:3634/12)