This document appears to say the federal government can’t take
private property “merely for the purpose of advancing
the economic interest of private parties”,
which would seem to preclude federal eminent domain being applied
for the Sabal Trail pipeline if its gas is really for export.
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 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, agencies, entities, officers, employees, or agents, or any other person.[signed: George W. Bush]
THE WHITE HOUSE,
June 23, 2006.[FR Doc. 06–5828
Filed 6–27–06; 8:45 am]
Here is the Department of Justice’s MEMORANDUM FOR ALL DEPARTMENT AND AGENCY HEADS 16 September 2008, Implementation of Executive Order 13406: Protecting the Property Rights of the American People, which notes the Order instructs the Attorney General to “monitor takings by departments and agencies for compliance”, and:
To the extent that your agency has independent authority to bring eminent domain proceedings, compliance reporting to the Department of Justice in connection with such proceedings is required.
Responsibility for monitoring compliance with the Executive Order has been delegated to the Environment and Natural Resources Division of the Department of Justice. If you have any questions about this memorandum, please contact the Chief of the Land Acquisition Section of the Environment and Natural Resources Division at 202-305-0316.
Hm, apparently U.S. DoJ should be monitoring Sabal Trail’s PF14-1 docket with FERC. Contact information is at the end of the Attorney General’s letter:
If any departments or agencies have questions about compliance with the Executive Order, including questions about whether a particular purpose constitutes a public use, the agency may contact the Land Acquisition Section of the Environment and Natural Resources Division of the Department of Justice.
Any submissions to the Land Acquisition Section may be sent to:
Chief, Land Acquisition Section
Environment and Natural Resources Section
P.O. Box 561
Ben Franklin Station
Washington, DC 20044or, for overnight deliveries, to:
Chief, Land Acquisition Section
Environment and Natural Resources Section
601 D St. NW, Rm. 3638
Washington, DC 20004
-jsq
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