Executive Order 13406 · 2006-06-28

Protecting the Property Rights of the American People

Limits Federal Government's Taking of Private Property Rights

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Signed by George W. Bush
Published 2006-06-28

What it does

Agencies must follow Attorney General instructions to limit federal takings to public use, ensure just compensation, and provide information for monitoring.

Real-world impact

  • Restricts taking private property mainly to public projects, not private development.
  • Requires agencies to report and share information with the Attorney General for oversight.
  • Maintains exceptions for public facilities, utilities, emergencies, and abandoned property.

Topics

property rightsgovernment powerfederal agenciespublic infrastructure

Summary

This order directs that the federal government must protect Americans' private property by limiting when it can take land or property. The government may take property only for public use, must provide just compensation, and cannot do so mainly to benefit private parties.

The Attorney General will issue instructions to agency leaders and monitor agency takings, and agency heads must follow those instructions and provide needed information. The order also lists exceptions, including public facilities, utilities, emergencies, and abandoned property.

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