Page:Title 3 CFR 2006 Compilation.djvu/248

 Executive 0 rders EO 13406 Executive Order 13406 of June 23, 2006 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 Amer- ican 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 tak- ing is for public use, with just compensation, and for the purpose of bene- fiting 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 imple- ment the policy set forth in section i of this order; and (it) monitor takings by departments and agencies for compliance with the policy set forth in section i 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 (it) 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 pro- hibit a taking of private property by the Federal Government, that other- wise 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) proiects 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 tele- communications 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 transpor- tation, or public health emergencies. 235

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