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Re: property tax case

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  • JcP
    ... Land cannot be taxed if a land Patent/Grant is current. A Patent/Grant is the highest evidence of title, and is conclusive, against the government and all
    Message 1 of 22 , Apr 18, 2010

      Land cannot be taxed if a land Patent/Grant is current.

      "A Patent/Grant is the highest evidence of title, and is conclusive, against the government and all claiming under junior titles, until it is set aside or annulled by some judicial tribunal." Stone v U.S. 67 U.S. 765.

      Private property can be removed from public domain through private purchase and therefore no is longer in a taxing jurisdiction.

      In Wheeling Steel Corp v. Fox , 298 U.S. 193 (1936) it states: Property taxes can be on tangibles or intangibles. In order to have a situs for taxation (a basis for imposing the tax), tangible property (physical property) must reside within the territorial jurisdiction of the taxing authority, and intangibles.

      "... In one of the so-called elevator cases, that of Munn v. Illinois, 94 U. S. 113, [24 L. Ed. 77], it is said: 'When, therefore, one devotes his property to a use in which the public have an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.' But so long as he uses his property for private use, and in the absence of devoting it to public use, the public has no interest therein which entitles it to a voice in its control. Other case to the same effect are Budd v. New York, 143 U. S. 517, [36 L. Ed. 247, 12 Sup. Ct. Rep. 468]; Weems Steamboat Co. v. People's Co., 214 U. S. 345, [16 Ann. Cas. 1222, 53 L. Ed. 1024, 29 Sup. Ct. Rep. 661]; Monongahela Nav. Co. v. United States, 148 U. S. 336, [37 L. Ed. 463, 13 Sup. Ct. Rep. 622]; and Del Mar Water Co. v. Eshleman, 167 Cal. 666, [140 Pac. 591, 948]. Indeed, our attention is directed to no authority in this state or elsewhere holding otherwise." Associated etc. Co. v. Railroad Commission (1917) 176 Cal. 518, 526.

      When you record your property, you enter into a Trustor/Trustee relationship, in which your real property has been transferred into a government trust, and you are given authorized permission to use their property (warranty deed). Further, your property tax is based on a commercial classification which has been assigned to your real property. I guarantee you that your property has been classified as either agricultural, industrial, or residential. Each of these is commercial in nature (the legal definition of "resident" is a class of government official; residential is a house in which a government official lives).

      There are three ways to lawfully opt out of property taxes: obtain allodial title, un-record your property, or have your real property re-classified as private.

      If you can obtain allodial title to your real property, you will have effectively created an envelope in which you reign supreme. No zoning ordinances, easements, bureaucratic regulations, state or federal law have any effect on property held in allodium. Literally, you have created a kingdom in the midst of bureaucratic chaos, and you will never again receive any property tax assessments. Every piece of recorded real property is used to collateralize government loans, so your real property has public debt attached to it. You need to find out the amount of the public debt (approximately seven times the annual property tax) and the holder of the debt, then pay it off.

      The process of un-recording your property is easier, though not quite as solid. It is based on the fact that you are assessed a tax based upon using government services (County Recorder) to which you are not entitled or mandated. The process involves transferring ownership to another party, notifying the County Recorder that a transfer has been completed, then having the property - after a reasonable time period has passed - transferred back into your name. If done correctly, the property is not recorded anymore, and there will be no further tax assessments.

      The final method of opting out of property tax is one that involves the classification of property, on which the assessed tax is based. Property which is taxed is always identified by one of three commercial classifications: residential, industrial or agricultural. Private property cannot be taxed! Contact your Tax Assessor and ask for a written explanation of the numbered codes appearing on your property tax statement. Once you have deciphered the statement, you will find your property classified by one of the above commercial designations.

      Write a letter to your Tax Assessor, explaining that you have discovered an error in your tax statement. Do not mention the tax itself, as the error in question relates only to the classification. Explain that your property has mistakenly been classified as ____________ (agricultural, industrial, residential), and to please correct the classification to read "private." Ask the Assessor to notify you by mail once the matter has been handled. If the Assessor honors your wishes, you will never see a property tax statement again. If, as is more likely, the Assessor writes back, refusing to adjust his records, you may now open up discussion as to why not. Ask whether you have the right to own private property. He will say yes, of course. Ask why he refuses to classify it as private property. He will either explain to you that he cannot tax property unless it is classified pursuant to constitutional limitations (residential, industrial, agricultural), or he will reveal to you that you do not really own the property (in which case he has admitted to fraud, nullifying the transfer of property in the first place, since you were no aware of what you were doing at the time). In either case, once the Assessor brings up taxation, you can now make the argument that your real property has been re-classified, without your permission, for the sole purpose of taxation. This is the firm basis for a lawsuit.

      Remember, in the united States of America, each Citizen has the right to live his/her life without paying any taxes at all! All taxes are voluntary! Learn why you pay taxes and you can learn how to stop paying them. And for those who insist that you are somehow hurting people by not paying taxes to the government, when the government starts living within the limitations which We the People have imposed on them; when they stop violating our natural rights and show that they can be trusted with the powers We the People have granted them, when they stop trying to force us to pay for their socialist, un-American programs, then we will consider whether they are worthy of receiving a portion of the fruit of our labor. Until then, I say let the government starve!

      GET AUGUSTUS BALCKSTONES BOOK !!!!!!!!!!!!!!!!

      The Errant Sovereigns' Handbook by Augustus Blackstone is the definitive book on restoring sovereignty and property rights.....
    • Patrick McKEE
      People might want to VERIFY those cites and/or READ the cases because there are many things on the internet that have INCORRECT cites and/or are taken out of
      Message 2 of 22 , Apr 22, 2010

        People might want to VERIFY those cites and/or READ the cases because there are many things on the internet that have INCORRECT cites and/or are taken out of CONTEXT.


        Patrick in California


        Founder, ALLIANCE for PEACE & PROSPERITY


        "If the blind lead the blind, both shall fall into the ditch." -- Molly Ivins

      • Jake
              People might want to VERIFY those cites and/or READ the cases because there are many things on the internet that have INCORRECT cites and/or are
        Message 3 of 22 , Apr 24, 2010
             > People might want to VERIFY those cites and/or READ the cases because there are many things on the internet that have INCORRECT cites and/or are taken out of CONTEXT.

        I don't know what particular cites / cases Patrick is referring to, but his statement applies to all & I'd say "must" rather than "might want to" !!!  

        Speaking for myself only, I never quote from a case I don't actually have the full text of & whatever I quote is straight from the actual text, but almost every day I see where someone has done a copy & paste from a website, e-mail, etc. & what they're citing / quoting is either wrong, or in many cases, the case cited or language used doesn't even exist.  

        Here's a classic example - one guy had the below cite / quote on every e-mail he sent to group forums (other false statements too) - don't know if he still does it 'cause I put him on the "blocked sender" list, since he wouldn't take the false statements off the pre-formatted e-mails:

        “A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.”  

        United States v. Olmstead, 277 U.S. 438 (1928).

        The above "quote" does not exist.  The decision says no such thing, and in fact the case is Olmstead v. United States, not the other way around.

        I've attached the decision (about telephone wiretapping) in a .pdf file - do a word search for "nation", "usurpation" & "overthrow" - you'll find they're not in the decision.  Do a word search for "tyranny" & you'll find the word is used once -  but not in any statement even close to the above "quote".

        ~ ~ ~

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