Bush Bucks Kelo, Orders Protection of Property Rights

In response to a controversial Supreme Court decision, President Bush on Friday signed an executive order declaring that the federal government can seize privately owned property only for purposes benefiting the general public such as roads and hospitals.

In its 5-4 decision in the case of Kelo v. City of New London, the Supreme Court held that the eminent domain "taking" of private property by governments for purposes promoting economic development such as shopping malls is constitutionally acceptable. However, the Court also held that the States remained free to pass laws further protecting property owners from such takings.

The Executive Order: Protecting the Property Rights of the American People states, in part:

"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."

Also See:
About Kelo and the Power of Eminent Domain
Summary of Kelo v. New London