Executive Order 13406: Protecting the Property Rights of the American People
President: George W. Bush
Directed federal agencies to limit certain takings that chiefly benefit a private transferee.
Status: In effect. Is Executive Order 13406 still in effect? Yes. Executive Order 13406 remains in effect. See Federal Register record.
What does Executive Order 13406 do?
The Attorney General was to instruct and monitor federal agencies. The policy limits federal takings for private economic benefit while preserving specified public uses and otherwise lawful takings. A September 2008 Attorney General memorandum set out procedures for federal agencies and Justice Department review of proposed takings under EO 13406.
Before and after
Before the order
The Fifth Amendment requires public use and just compensation for takings; the order followed the debate over economic-development condemnations.
After the order
The Attorney General was to instruct and monitor federal agencies. The policy limits federal takings for private economic benefit while preserving specified public uses and otherwise lawful takings.
A September 2008 Attorney General memorandum set out procedures for federal agencies and Justice Department review of proposed takings under EO 13406.
What did the signed order change?
The Fifth Amendment requires public use and just compensation for takings; the order followed the debate over economic-development condemnations. The Attorney General was to instruct and monitor federal agencies. The policy limits federal takings for private economic benefit while preserving specified public uses and otherwise lawful takings.
What happened later?
Justice Department — implementation memorandum: A September 2008 Attorney General memorandum set out procedures for federal agencies and Justice Department review of proposed takings under EO 13406.
What does that evidence establish?
Constitutional and statutory taking rules continue to apply. The order excludes several public and infrastructure purposes; it does not itself rewrite state eminent-domain law. The memorandum demonstrates an implementation process, not the result of every federal taking. Read the signed order for its original terms.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Attorney General and federal agency heads | Issue instructions, provide taking information and monitor compliance | Under the signed order and governing law |
What happened next
EO 13406 signed.
A September 2008 Attorney General memorandum set out procedures for federal agencies and Justice Department review of proposed takings under EO 13406.
Signed order and identified follow-up evidence checked.
Legal and source detail
How it works legally
Constitutional and statutory taking rules continue to apply. The order excludes several public and infrastructure purposes; it does not itself rewrite state eminent-domain law.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — official executive-order record (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 26, 2026. How we research →