Friday, June 23, 2006

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A libertarian move by the Bush administration.... really, I'm not kidding

Reuters reports that President Bush has decided that the federal government won't take advantage of the Kelo ruling. Reuters' Jeremy Pelofsky explains:

President George W. Bush issued an executive order on Friday to limit the U.S. government from taking private property only for the benefit of other private interests, like corporations.

The order came exactly a year after a divided Supreme Court ruled a city could take a person's home or business for a development project to revitalize a depressed local economy, a practice known as eminent domain.

"The federal government is going to limit its own use of eminent domain so that it won't be used for purely economic development purposes," White House spokeswoman Dana Perino said.

She said more than 20 states had already enacted laws that prohibit the use of eminent domain for purely economic development purposes and four states have proposed constitutional amendments on November election ballots.

Here's a link to the actual executive order.

Happy as I am about this, two aspects of this move puzzle me:

1) Why did it take a whole year?

2) Why release this news on a Friday afternoon in the summer? That's normally the time a White House would dump out garbage it didn't want to receive a lot of press coverage. Maybe my libertarianism is clouding my judgment, but I don't see this move as prompting much of a backlash.

UPDATE: Ilya Somin is not impressed:
Read carefully, the order does not in fact bar condemnations that transfer property to other private parties for economic development. Instead, it permits them to continue so long as they are "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."

Unfortunately, this language validates virtually any economic development condemnation that the feds might want to pursue.


posted by Dan on 06.23.06 at 08:09 PM




Comments:

They did it today because June 23rd is the anniversary of Kelvo v. City of New London.

posted by: Greg on 06.23.06 at 08:09 PM [permalink]



Pretty much irrelevant in general. I have not heard of any real abuses of eminent domain at the Fed level (they may exist, but I've not heard of them). Good symbolic move overall.

posted by: erg on 06.23.06 at 08:09 PM [permalink]



It would be nice if Bush gave a Sh** about the rest of the Bill of Rights. After all, this is the administration that says a President can lock up a citizen indefinitely w/o judicial review.

What fascinates me is the fetish on the right with property rights. It's as if the don't care if they get locked up forever without seeing a judge, as long as the government doesn't take their easement away.

posted by: mkultra on 06.23.06 at 08:09 PM [permalink]



Bush is on shaky ground as the ex-part-owner of the Texas Rangers baseball team, a private interest who benefitted hugely from Kelo-style eminent domain.

posted by: mac on 06.23.06 at 08:09 PM [permalink]



"Bush is on shaky ground as the ex-part-owner of the Texas Rangers baseball team, a private interest who benefitted hugely from Kelo-style eminent domain."

No - Really? lol.

With Bush, he will probably just ignore his order anyway if it suits him, who can tell?

posted by: mickslam on 06.23.06 at 08:09 PM [permalink]



mkultra: "What fascinates me is the fetish on the right with property rights. It's as if the don't care if they get locked up forever without seeing a judge, as long as the government doesn't take their easement away."

They (and you) define property rights too narrowly. Property is more than just land and cars and houses ... its your body and mind and thoughts, too. They all deserve protection from unvoluntary takings and abuses.

posted by: Jake on 06.23.06 at 08:09 PM [permalink]






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