Opinions Differ On Bush Executive Order Limiting Eminent Domain
Written by Brian Garst, Posted in Government Meddling
On the one-year anniversary of the controversial Kelo decision, President Bush issued an executive order that appears to limit eminent domain takings to only situations of public use.
Daren Bakst at the John Locke Foundation says it is “very well written” and adds that it “clearly only allows for the taking of truly “blighted” properties” and “that private property should not be seized for a private party’s “use” of the property (not just “ownership” of property).”
Ilya Somin at the Volokh Conspiracy has a different take. According to him, “the order does not in fact bar condemnations that transfer property to other private parties for economic development.” He concludes, “this language validates virtually any economic development condemnation that the feds might want to pursue.”
Which of these differing legal opinions is correct?
I serve as Vice President of the Center for Freedom and Prosperity, a non-profit think tank dedicated to preserving tax competition and free markets. This site features my personal views, which are not reflective of CF&P.