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EO 12630Executive OrderReagan · R Quiet signal

Executive Order 12630

Governmental actions and interference with constitutionally protected property rights

This executive order requires federal agencies to evaluate whether their regulatory and administrative actions could constitute a "taking" of private property under the Fifth Amendment's Just Compensation Clause. It mandates new review procedures, establishes guidelines for assessing takings risks, and requires reporting of past and pending compensation claims to improve fiscal accountability.

53 FR 8859
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Impact dates

  1. Guidelines disseminated to all units of each Executive department and agency

  2. Itemized compilation of FY1985-1987 takings awards and pending claims due to OMB

  3. Attorney General guidelines for Evaluation of Risk and Avoidance of Unanticipated Takings due

Key directives

  • Attorney General to promulgate takings evaluation guidelines by May 1, 1988
  • Guidelines to be disseminated to all agency units by July 1, 1988
  • Agencies to designate compliance officials
  • Agencies to identify takings implications in OMB submissions and rulemaking notices
  • Agencies to submit itemized compilation of FY1985-1987 takings awards and pending claims by May 16, 1988
  • Annual submissions of just compensation awards to OMB and Attorney General
  • OMB and Attorney General to ensure policy consistency with order principles

Who is ordered

Timeline

Immediate

  • Designation of agency compliance officials
  • Implementation of takings review procedures for new actions

Near term (90d)

  • Attorney General guidelines due May 1, 1988
  • Guidelines dissemination to agencies due July 1, 1988
  • Compilation of FY1985-1987 takings awards and pending claims due May 16, 1988

Long term

  • Annual submissions of takings awards to OMB and Attorney General
  • Ongoing regulatory review process integration
  • Potential evolution of guidelines based on Supreme Court decisions

Risks & tensions

  • Judicial review waiver (Section 6) may limit enforceability; order explicitly states no private right of action
  • Public health/safety exception allows emergency action without prior analysis, creating potential loophole
  • Vague standard 'to the extent permitted by law' creates uncertainty about binding force on agencies
  • Tension between regulatory goals and property rights may chill environmental and land-use regulation
  • Annual reporting requirement creates ongoing administrative burden but enables longitudinal accountability
Executive Order 12630: Governmental actions and interference with constitutionally protected property rights · Executive Orders