[Weekly Compilation of Presidential Documents Volume 42, Number 26 (Monday, July 3, 2006)]
[Pages 1219-1220]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13406--Protecting the Property Rights of the American 
People

June 23, 2006

    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 emergencies.
    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:
 (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, 1988.
    (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,

[[Page 1220]]

agencies, entities, officers, employees, or agents, or any other person.
                                                George W. Bush
The White House,
June 23, 2006.

[Filed with the Office of the Federal Register, 8:45 a.m., June 27, 
2006]

Note: This Executive order was published in the Federal Register on June 
28. This item was not received in time for publication in the 
appropriate issue.