EO 13406
Effective Date: June 28, 2006

Responsible Office: Office of the Administrator
Subject: Protecting the Property Rights of the American People

Protecting the Property Rights of the American 

                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 

                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:

[[Page 36974]]

                    (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, 
                    (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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    June 23, 2006.

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