I've done more than my fair share of bashing the Bush administration for its many sins. But after seeing this executive order (hat tip to Jon Rowe), let me offer some mild praise. In most cases, it is the courts telling the other branches of government that they may not violate the rights of citizens, but after the Kelo ruling gave them essentially carte blanche to seize private property and transfer it to other private owners as long as they'll pay more taxes on the property, it's refreshing to see the other branches of government set explicit policies against such violations.
Bush doesn't mean it, of course. He has personally benefited (read: made a ton of money) by abusing eminent domain when he was part owner of the Texas Rangers, so clearly he doesn't really object to such abuses. This is little more than a politically driven sop to those conservatives who do care about the issue. But hell, I'll take it. Given that so much political posturing involves violating our rights, at least this one is on the right side even if for the wrong reasons.
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I am not a lawyer, but the last clause in that EO makes me go "Huh?"
(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.
Sounds to me like he's admitting it's all feel-good rhetoric from the git-go. I have to agree with raj over at PL that
Can you believe it? Two times in less than two weeks, the Bush administration did something right. First the aquatic reserve, and now an executive order to correct the Kelo atrocity.
It would be better if Congress got off its collective butt and legislated limits to the eminent domain laws, but an executive order is at least a step in the right direction.
Of course I again believe that Bush has ulterior motives, like improving his poll numbers, but again, I will take what I can get. If he keeps up the good work, my opinion of him might go up to incompetent buffoon instead of malicious [expletives deleted].
I'll just repeat the comment that I posted over at Positive Liberty:
This is moderately interesting, but I would ask the question as to when was the last time the federal government even attempted to acquire property via eminent domain for private economic development?
I can't remember any-but I haven't been following the issue that closely. For condemnation for economic development efforts such as the Tennessee Valley Authority, a government agency was set up, and so Kelo probably wouldn't even come into play. Most if not all of acquisition of property via eminent domain for private economic development probably occurs at the local level, with possibly some at the state level.
As far as I can tell, Bush's statement is a solution in search of a problem.