Protecting the Property Rights of the American People

This executive order establishes federal policy to limit eminent domain takings to genuine public use with just compensation, explicitly excluding transfers for private economic development. The Attorney General is directed to issue implementing instructions and monitor compliance across federal agencies.

Federal Register Open PDF 71 FR 36973

Impact dates

Date TBD
Attorney General issues instructions to department and agency heads
Date TBD
Ongoing monitoring of takings compliance begins

Key directives

Attorney General shall issue instructions to department/agency heads to implement policy limiting takings to public use with just compensation
Attorney General shall monitor takings for compliance
Department/agency heads shall comply with instructions and provide information to Attorney General

Who is ordered

Timeline

Immediate

Policy statement takes effect; Attorney General instructed to issue guidance

Near term (90d)

Attorney General to issue instructions to department and agency heads (no fixed deadline stated)

Long term

Ongoing monitoring of federal takings for compliance; potential shift in federal eminent domain practice

Risks & tensions

Order is hortatory/policy-level; lacks enforcement mechanism or private right of action (Sec. 4(d) explicitly disclaims enforceable rights)
Section 4(a) 'subject to availability of appropriations' and 'consistent with applicable law' may limit practical effect
Does not override Kelo v. City of New London (2005) or bind states; federal-only reach
Vague on timeline for Attorney General instructions—no 'within N days' specified
Exclusions in Section 3 are broad, potentially swallowing much of the restrictive policy