GWB signs Exec Order restricting Federal Eminent Domain (1 Viewer)

[Little-Acorn]

Well, good for him. The Supremes said, in one of their weirdest and worst decisions in a decade, that it's OK for govt to take people's property for PRIVATE use. But they didn't say it was compulsory - thank God for that, anyway. Now Bush has signed an Executive Order directing that the Fed govt will NEVER take property for private use, but only for public use as Eminent Domain has alwas been understood to allow.

He made his E.O. binding on the Federal govt, but wisely did not restrict states from taking property for private purposes, letting them each decide on their own what their own state govt will do. (Most states have already enacted legislation similar to this order, but not all have.)

Until the E.O. is rescinded, of course, which can always happen.

What we need is another test case to be brought before the Supremes again, with different circumstances, and presented to the Supreme's new membership. Once they point out what the Constitution actually says, the "Kelo" abomination will be more permanently buried.

--------------------------------

http://www.whitehouse.gov/news/releases/2006/06/20060623-10.html

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.

(snip)

GEORGE W. BUSH
THE WHITE HOUSE,
June 23, 2006.



(Full text of the Order can be read at the above URL)

 

[Blue Collar Joe]

Well, good for him. The Supremes said, in one of their weirdest and worst decisions in a decade, that it's OK for govt to take people's property for PRIVATE use. But they didn't say it was compulsory - thank God for that, anyway. Now Bush has signed an Executive Order directing that the Fed govt will NEVER take property for private use, but only for public use as Eminent Domain has alwas been understood to allow.

He made his E.O. binding on the Federal govt, but wisely did not restrict states from taking property for private purposes, letting them each decide on their own what their own state govt will do. (Most states have already enacted legislation similar to this order, but not all have.)

Until the E.O. is rescinded, of course, which can always happen.

What we need is another test case to be brought before the Supremes again, with different circumstances, and presented to the Supreme's new membership. Once they point out what the Constitution actually says, the "Kelo" abomination will be more permanently buried.

--------------------------------

http://www.whitehouse.gov/news/releases/2006/06/20060623-10.html

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.

(snip)

GEORGE W. BUSH
THE WHITE HOUSE,
June 23, 2006.



(Full text of the Order can be read at the above URL)

Bull puckey!! We all know GW is for big biznezz!!! He'd never do nothin what might protect the little feller!!

 

[Kandahar]

Good for him. Finally he has done something I approve of.

 

[ANAV]

Bull puckey!! We all know GW is for big biznezz!!! He'd never do nothin what might protect the little feller!!

What the hell did he just do then? Sounds like protect the citizens against big business to me (Wal-Mart being the biggest offender of ED). And he did it because it's the right thing to do, not to gain favors in the polls unlike the majority of politicians.

This President has gone up against some issues that others have not had the courage to face. Some have worked out good and some not so much. Here are just some of the tough issues that he has not backed down from;

1. Immigration Reform - He was late on this issue, but illegal immigration has been a thorn in America's side for decades.

2. Social Security Reform - This one did not work out so well but he did not avoid the issue like so many before him.

3. Tax Cuts - Every American is keeping more money in their pockets and putting less in the government's pockets. One of the biggest breaks come to the people who employ the majority of Americans, small businesses.

4. War of Terrorism - His hand was forced on this one due to 9/11. Instead of just talking about fighting terrorism, he went at it full force. It's no accident we have not had another terror act on American soil. By going after the enemy where they live and giving law enforcement more power state side, America is more secure.

5. Gay Marriage - Very touchy subject, but one he is not afraid to take a stand on.

6. Suddam Hussein - He finished the job his father started and the one that previous administration ignored. The verdict is still out on how a democracy will do in Iraq, but I'm optimist.

Like GW or not, at least he does not back away from issues. He has not and will not just ride the wave while in office. The Executive Order on Eminent Domain is just the latest example action, not inaction.

 

[zymurgy]

Well, good for him. The Supremes said, in one of their weirdest and worst decisions in a decade, that it's OK for govt to take people's property for PRIVATE use. But they didn't say it was compulsory - thank God for that, anyway. Now Bush has signed an Executive Order directing that the Fed govt will NEVER take property for private use, but only for public use as Eminent Domain has alwas been understood to allow.

Actually, what SCOTUS ruled was that the eminent domain actions taken by the state was legal under state and federal law.

The only problem with that court case was that the supremes heard it at all. It was a state matter.

 

[danarhea]

Actually, what SCOTUS ruled was that the eminent domain actions taken by the state was legal under state and federal law.

The only problem with that court case was that the supremes heard it at all. It was a state matter.

That is true, and to all here who believe that people really own their land, I hate to disappoint you, but that is not true at all. Not unless you own allodial title to it, which is only allowed in the state of Texas. If you dont believe me, then try drilling for oil on your own property and see how far you get. This is why they call it real estate. You own everything above the ground but not the ground itself. That belongs to the government. This means that, unless the government is on your side, you can be completely screwed at their whim. And why should the government be on your side? After all, they have the filthy rich giving them bribes (oops, I mean campaign contributions) to do their bidding. If the filthy rich want your property, they will take it, and their lackeys in government will, of course, do the dirty work, as they are paid to do.

However, you do have one defense. If your property is condemned to make way for a money making condo complex for the filthy rich to profit from, you can always take up arms and decide you have had enough. Our founding fathers made this plain and simple. The government does not own us. It exists at our pleasure, and overthrowing a corrupt government is not only our right, but also our duty as citizens. Without patriots who are willing to die for their country, this republic would have died a long time ago.

 

[GPS_Flex]

That is true, and to all here who believe that people really own their land, I hate to disappoint you, but that is not true at all. Not unless you own allodial title to it, which is only allowed in the state of Texas. If you dont believe me, then try drilling for oil on your own property and see how far you get. This is why they call it real estate. You own everything above the ground but not the ground itself. That belongs to the government.

You don’t know what you’re talking about and you are completely wrong. Allodium is just another word for “fee simple absolute” or “fee title” or “fee simple” and it really has nothing to do with your mineral rights.

While it’s true that most don’t own the mineral rights to the land they bought, it is incorrect to claim that the government owns those rights everywhere but in Texas and it only exposes your lack of knowledge on the subject.

The reason most people can’t put an oil rig in their own backyards has more to do with state and local ordinances/laws that regulate/zone what can and can’t be done with the land you own. If your property is “zoned” for residential use only, you might not be allowed to use that property to run your business and you certainly wont be allowed to start drilling for oil. I don’t care if you live in Dallas, Houston or any other city, you, just like the rest of us, are limited by the local government’s laws and ordinances that might prevent you from doing whatever the heck you want with, and on, your land.

Its not just a federal issue, local governments are far more restrictive and imposing than the feds are and you, as a libertarian, should get used to the fact that your party wants to give those local governments more control over your life by removing the federal governments ability to rein them in on certain issues.

If you are going to complain about eminent domain abuses, you need to understand that it is local governments, cities, counties and states that are the real abusers here. Perhaps my belief that libertarians seek to take more of the power from the feds and put it into the hands of local governments is mistaken but I’m not mistaken about who the real culprits are in this eminent domain issue because this is a large segment of my profession and I see, first hand, the inner workings of such deals and strategies and it repulses me every time it happens.

 

[Hoot]

Let's knock down the Supreme Court building and put up a new Super Wal-Mart...those justices are useless anyway....from Jones v Clinton to stopping the vote count in Florida, to eminent domain, they've done nothing but shred our constitution. They are the true radicals legislating from the bench.

 

[debate_junkie]

That is true, and to all here who believe that people really own their land, I hate to disappoint you, but that is not true at all. Not unless you own allodial title to it, which is only allowed in the state of Texas. If you dont believe me, then try drilling for oil on your own property and see how far you get. This is why they call it real estate. You own everything above the ground but not the ground itself. That belongs to the government. This means that, unless the government is on your side, you can be completely screwed at their whim. And why should the government be on your side? After all, they have the filthy rich giving them bribes (oops, I mean campaign contributions) to do their bidding. If the filthy rich want your property, they will take it, and their lackeys in government will, of course, do the dirty work, as they are paid to do.

However, you do have one defense. If your property is condemned to make way for a money making condo complex for the filthy rich to profit from, you can always take up arms and decide you have had enough. Our founding fathers made this plain and simple. The government does not own us. It exists at our pleasure, and overthrowing a corrupt government is not only our right, but also our duty as citizens. Without patriots who are willing to die for their country, this republic would have died a long time ago.

In some states, you don't ever truly own what's above ground. For example, in Pennsylvania, try not paying your property taxes once. See how fast they auction off the house from right under your nose. Been happening to seniors here for the better part of 30 years. The very things we fear, are the 9 judges sitting in Washington, interpreting the Constitution, because many of their rulings, are shaping the rulings of our state supreme courts.

Government has been told they own everything that exists within the United States. How long before the USSC rules that they own we, the people?