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Holy Crap

George Bush (yes, that one) issued an executive order that is anti-eminent domain:

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.

It has a list of exclusions but it’s a start.

Wow. First thing he’s done right in years. Via the geek and carnaby.

Update: It has a clause that kind of makes it useless. One of the Volokh’s has the skinny. Via Jon.

11 Responses to “Holy Crap”

  1. _Jon Says:

    Sorry to rain on the parade, but there is a post over at Volokh that the Executive Order has a clause in it that makes it pretty-much worthless. It has a loophole…. šŸ™

  2. ben Says:


  3. Xrlq Says:

    Ilya Somin is not “one of the Volokhs,” just one of the million “who the f*&^ is that” posters who are the reason I don’t generally read Volokh’s site anymore. Maybe he/she/it is onto something, I don’t know. But I get fed up with unheard-of so-and-sos getting quoted simply because their posts get to use the domain “”

  4. SayUncle Says:

    I’ve been using ‘one of the volokhs, they all look alike’ or some variation for a while from back when it first became a group blog.

  5. beerslurpy Says:

    Who cares who he is? His analysis is correct. I came to the exact same conclusion about Bush’s executive order myself.

  6. #9 Says:

    The order is more symbolic than functional. I am glad to see it. It may provide someone in Congress the cover to write a bill that will address the eminent domain of private property to be transferred to private owners.

    The real story is how gutless the legislature in Nashville was and how even more gutless and compromised our local rulers leaders are.

  7. homebru Says:

    Ok, let’s assume that Bush (or his advisors) crafted an order with a loophole in it. Now, who wants to be the first federal employee to stand up and say “Mr. President, your order is worthless and I am going to do what I want to in this matter”?

  8. Xrlq Says:

    SU and Beerslurpy, it matters because Eugene Volokh, aside from being a far more credible legal scholar than just about anyone else who posts on that blog, is also far more circumspect. He may or may not agree with Somin’s take on the executive order, but the issue is nowhere near as cut and dried as Somin makes it out to be, and it’s highly unlikely Volokh would have potrayed it as such. So no, they don’t all look alike.

  9. Les Jones Says:

    Agree with Xrlg. I’d gladly read if if it were just Eugene and maybe his family, but there are too damned many people writing there. It’s too much volume and it dilutes the voice, authority, and focus of the site. It’s a prime example of how a group blog can go wrong.

  10. _Jon Says:

    OK, X & Les – So, does it have a loop hole or not?

  11. Xrlq Says:

    There is no simple answer. My guess is no, but since it’s not written more tightly, I can’t be sure. The bigger, inevitable “loophole” lies with the fact that it only binds the federal government, which rarely condemns land anyway.

Remember, I do this to entertain me, not you.

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