SOMETHING EVERY LANDOWNER NEEDS TO READ!!! Id suggest running this information by your local electives both on the State and Federal levels. The Georgia Constitution limits taxation to qualified ownership of estate (real and personal property) - a privilege. There is no delegation of authority to tax private property (absolutely owned by an individual). The problem is that since 1935, everyone signed up with FICA has surrendered their right to absolutely own, in exchange for entitlements. (See definition for Contributor in a legal dictionary). No government instituted to secure rights is delegated power to tax rights. The question everyone must ask of servant government: how did my property ownership change from a right to a privilege? And how can I change it back to a right? DO YOU THINK YOU OWN YOUR OWN PROPERTY? Many Americans have not come to the realization that their homes, businesses, and properties are collateral on the federal debt, even if you have the deed and it’s paid for, in FULL! If the federal government defaults on its interest obligation, the private World Bankers automatically become the new Land Lords of every home, business, and property in the United States. Today over 75% of Americans DO NOT have the highest form of TITLE on their homes, businesses, or properties. Instead, they have Deeds which are merely a color of title. To understand how the creditors or bankers qualifies your property, it is essential to understand one legal term, color of. Color is defined in Black’s Law Dictionary 6th Edition as an appearance or semblance, as distinguished from that which is real; a prima facie, a deceptive appearance. Color of Title is defined as that which in appearance is title but is not title in fact or in law. Write v. Matron, 18 How. (U.S.) 50 ….color of title is an appearance of title…. coupled with possession, it purports to convey ownership. This is not to say, however, that it actually conveys ownership. Rawson v. Fox, 65 Ill. 200 – David v. Hall, 92 Ill. 85. • DID YOU KNOW THAT: A Deed is only a color of title Deeds constitute colors of title. Dryden v. Newman 116 Ill. 186 A warranty deed of conveyance is a color of title. Dempsy v. Burns, 281 Ill.644, 65 (1917) A quit claim deed is color of title. Safford v. Stubbs 117 Ill.389 Thus, any tax deed which purports, on its face to convey title is a color of title. Walker v. Converse, 148 Ill. 622,629 • From Black’s Law Dictionary 6th edition: ALLODIAL - Free; not beholden of any lord or superior; owned without obligation…; the opposite of feudal. Barker v. Dayton 28 Wis. 384; Wallace v. Harmstad, 44 Pa. 499. ALLODIUM - Land held absolutely in one’s own right, and not of any lord or superior; land not subject to feudal duties or burdens (property taxes and municipal codes). An estate held by absolute ownership without recognizing any superior to whom any duty is due on account thereof. 1 Wash, Real Property 16., 9 Cow. (N.Y.) 511, 18 Am. Dec. 516 IF YOU DON’T HAVE AN ALLODIAL TITLE ON YOUR PROPERTY, SOMEONE ELSE OWNS IT – Even if its’ PAID IN FULL! You still owe the taxes, not the King! That’s why you don’t own your property The option of taking Allodial Title is the remedy for citizens to hold private property. (caveat; the property must be free and clear of all encumberences in order to take Allodial Titile) Sovereigns exercise complete control over their dominions. Sovereignty solves the problems of government over reach...leaving government with its original intended purpose of securing rights. State Rep Ed Setzler dropped a bill about allodial title a few years back, it had no co-sponsors and died but to explain some of the some jargon about having taxes paid off and the property going into allodial title into perpetuity no matter if it sold or held by the existing holder. We can write our own Act...Allodial Title is the key. The rest is striking about the branches rather than attacking the root cause. The problem with political answers to liberty questions is the elected statists that feel it is their primary function to fund government and perpetuate the nonsense. Of course once elected as a member of the government club they must consider their pensions and perks to fund too~! (bicycle license tags comes to mind etc.) Allodial is the best strategy, but another strategy Im for is the FairTax to improve the national level tax travesty, but bhy not do something similar on the State level? Lets use it to replace all taxation in Georgia! If we cant replace them all, lets start in this order: Real Estate Property Taxes Corporate Income Taxes Personal Income Taxes Miscellaneous Taxes Miscellaneous Fees If your opposed you need to understand property taxes make homeowners tenants of the government, subject to eviction for non-payment and thus not full owners. Dont believe me? ... Stop paying and see what happens. Being Real Estate Property Taxes is at the top wrap your brain around this for a minute. . . . Land is something we all need to live. From the land, we take our water, food, and build shelter. Without land, we would not survive. There are those who argue that ephemeral man cannot own land, but that is a lie. What they want you to surrender is your right to land, and your right to exclude others from your land, and the exclusive right to the fruits of your labor on that land. All land is NOT real estate. LAND. ... The land is one thing, and the estate in land is another thing, for an estate in land is a time in land or land for a time. - - -Blacks Law dictionary, sixth ed., p.877 Estate in land is another thing. Estate is time in land or land for a time. Remember that. OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted. - - -Blacks Law dictionary, sixth ed., p. 1106 Ownership is qualified (not absolute) when it is shared, or time is limited, or use is restricted. Remember, estate is land for a time. What is estate? ESTATE - The degree, quantity, nature and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. Blacks Law dictionary, sixth ed., p.547 REAL ESTATE .... is synonymous with real property Blacks Law dictionary, sixth ed., From p.1263 REAL PROPERTY ... A general term for lands, tenements, heriditaments; which on the death of the owner intestate, passes to his heir. Blacks Law dictionary, sixth ed., p.1218 Estate is interest in real and personal property, which boils down to qualified ownership. What is NOT qualified ownership? PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. - - Blacks Law dictionary, sixth ed., p.1217 Land and house that is absolutely owned is private property. WHAT IS INTEREST? INTEREST - ...More particularly it means a right to have the advantage of accruing from anything ; any right in the nature of property, but LESS THAN TITLE. Blacks Law dictionary, sixth ed., p.812 Title - The formal right of ownership of property... Blacks Law dictionary, sixth ed., p.1485 Real estate / Real property is lands, tenements, heriditaments a person or tenant has NO formal right of ownership of property - only the advantages from it. PROPERTY TAX - An ad valorem tax, usually levied by a city or county, on the value of real or personal property that the taxpayer owns on a specified date. Blacks Law dictionary, sixth ed., p.1218 Hmmm ... real property = real estate = estate. Please note that the tax is levied upon the taxpayer, not the land. Land has no duty to pay a tax. Unpaid taxes on real estate can result in confiscation, whereas private property is defined as being protected from being taken for public use without just compensation. Sadly, most Americans record their title deed with the Real Estate registry. Coincidentally, there is no law compelling the recording of private property. But all real estate transactions must be recorded! Ironically, most folks are misled to assume that they can only trade in real estate. FEE SIMPLE - ... an absolute estate... Blacks Law dictionary, sixth ed., p. 615 DEED - A conveyance of realty. Blacks Law dictionary, sixth ed., p.414 REALTY - A brief term for real property or real estate. Blacks Law dictionary, sixth ed., p.1264 A Title Deed refers to realty, or real estate, which is an interest in real property, but only for a time, and is not a title to private property held absolutely. To illustrate further: From the Texas Constitution: ARTICLE 8 - TAXATION AND REVENUE Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION TO VALUE; TAXATION OF TANGIBLE AND INTANGIBLE PROPERTY; OCCUPATION TAXES; INCOME TAX; EXEMPTION OF HOUSEHOLD GOODS. (a) Taxation shall be equal and uniform. (b) All real property and tangible personal property in this State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. The Texas constitution states that all real and personal property is subject to their taxing power. PROPERTY TAX - An ad valorem tax, usually levied by a city or county, on the value of real or personal property that the taxpayer owns on a specified date. Blacks Law Dictionary, Sixth ed., p.1218 That definition agrees with the Texas constitution. In short, the constitutional government of Texas has never, ever infringed upon the private property rights of the people. The constitution specifically lists estate as the property type subject to their power, their rules, and their taxes. When I did a computer search on the words private property, the only place private property is mentioned, is in the section dealing with water works. In Article 11- Sec.12, Texas Constitution Sec. 12. EXPENDITURES FOR RELOCATION OR REPLACEMENT OF SANITATION SEWER OR WATER LATERALS ON PRIVATE PROPERTY. The legislature by general law may authorize a city or town to expend public funds for the relocation or replacement of sanitation sewer laterals or water laterals on PRIVATE PROPERTY if the relocation or replacement is done in conjunction with or immediately following the replacement or relocation of sanitation sewer mains or water mains serving the property. The law must authorize the city or town to affix, with the CONSENT OF THE OWNER of the PRIVATE PROPERTY, a lien on the property for the cost of relocating or replacing the laterals on the property and must provide that the cost shall be assessed against the property with repayment by the property owner to be amortized over a period not to exceed five years at a rate of interest to be set as provided by the law. The lien may not be enforced until after five years have expired since the date the lien was affixed. Without consent of the owner, the State or local government cannot affix a lien, nor assess against the property, nor compel repayment. In short, private property and its owner is NOT subject to their authority. In summation, private property is still protected from government. The three facts that establish allodial title (according to the rules regarding auctions under admiralty / maritime) are: 1. Buyer has the right to own, 2. Buyer alienates title with lawful money, 3. No superior claim exists. [1] To have the right to own, one should be of legal age (over 21), unimpaired, and competent. For an absolute right to own, it is now apparent that one should not be a participant in national socialism. All enumerated participants have pledged their property as collateral and became paupers at law to be eligible for entitlements (charity). Likewise, if one is exercising political liberty - voting and holding office - one must register their property as estate. (See earliest constitutions regarding the privilege to vote and hold office - limited to property owners who paid their taxes.) [2] Alienation of title (the collection of facts that establish ownership) by lawful money (gold / silver dollars) also includes gift or bequest (if the previous owner held it absolutely). No mortgages allowed (two or more claimants makes ownership qualified). [3] No superior claim can be established by giving due notice in the local county newspaper of record. Thirty days before the final transaction, place a legal notice (which should include a reply box number provided by the newspaper) wherein you describe the property and request that all claimants must come forward within 30 days or forever waive their claims. After 30 days, the newspaper will issue an affidavit to the claims or lack thereof. You should investigate your own states laws on the topic, but I suspect that they will not be much different than what I found in Georgia. Official Code of Georgia Annotated states: O.C.G.A. 44-2-1. Where and when deeds recorded; priority as to. Every deed conveying land shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed. The word shall, on first reading, gives one the impression that it is mandatory. End of discussion. The proponents of allodial land and freedom are obviously ignorant, misled, and confused, say the pundits. But theres another side to this word play... There is no Georgia statute compelling the recording of a deed. - - - Encyclopedia of Georgia Law, 8 A, p. 265, Sec. 132 Is this not contradictory? What makes BOTH the statute and the encyclopedia right? What if shall didnt mean shall? Go review the following little section on law pertaining to mandatory versus directory statutes. SHALL - As used in statutes, contracts, or the like, this word is generally imperative or mandatory... But it may be construed as merely permissive or directory (as equivalent to may), to carry out the legislative intention and in cases where no right of benefit depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Blacks Law, Sixth ed., p.1375 Theres the key: shall (mandatory) means may (directory) if a private or public right is impaired by its interpretation as shall. Clever politicos.... They write a law in a form to persuade you that you are obligated to perform to it, but in truth, they have not. You are under no obligation nor is there a consequence for not obeying a directory statute. And theres more to it than meets the eyes. Sole purpose and effect of recording of deed is to afford third parties constructive notice of the existence of the deed. - - - City Whsle. Co. v. Harper, 100 Ga.App. 151, 110 S.E. 2d 561 (1959) The court ruling is clear and to the point. The sole purpose for recording deeds is to give notice. Side note: Deeds refer to realty, which appears to not refer to private property. REALTY - A brief term for real property or real estate. - - - Blacks Law dictionary, 6th ed., p.1264 I do not claim infallibility. But to this point, it appears that the smokescreen of realty law has been used to distract Americans from awareness about private property law. DUE NOTICE In every county in the nation, theres one designated newspaper for LEGAL NOTICES. If one pays for an ad, with a reply box, describing said property (geographical) and asking all claimants to come forth within 30 days or forever WAIVE their claims, one has complied with DUE NOTICE. After 30 days, the newspaper will issue an affidavit to that effect. (Hopefully, that no one came forward by sending a reply). (This legal service is why the ads cost so much!) At that point, one has established the FACT that no one has a claim, so your claim is now ABSOLUTE. You didnt RECORD it in the countys real estate registry. But you DID record a due notice in PUBLIC. If you didnt register said property with the real estate clerk, nor the tax assessor, you arent going to get a tax bill, either. If you dont attach a United States Postal Service compliant mailbox, you wont even be bothered with legal paper (or junk mail). Thats how one can have a domicile in the United States of America (non-domestic), but NO address within the United States (domestic). As a free inhabitant, non-resident to the forum (their State), you arent a person liable, nor can you register property in the State. No state requires nor allows non-residents to record their property. RECAPPING In other words, 30 days (or more) before the transaction, place the legal notice. After one has evidence that no superior claim exists, then purchase said property with a minimum of 21 dollar U.S. (silver or gold) (Demonetization of silver only applies to the FEDERAL government - not the people), to preserve 7th amendment guarantees, have the BILL OF SALE ready, with the amount of real money (and other valuable consideration - such as green pieces of paper with pictures of presidents on them.), to be signed by seller, buyer, and two witnesses. Once the Bill of Sale is signed, that should suffice. Check your own states constitution or laws regarding anti-peonage clauses or statutes. The government usually will exempt some amount, so as to not compel any citizen or inhabitant to become a public charge (pauper). Georgia State constitution, Art 1, Sec 1, Para 26 Exemptions from levy and sale. The General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00 and shall have authority to define to whom any such additional exemptions shall be allowed; to specify the amount of such exemptions; to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor. If this is the case, you gain no benefit by increasing the Sale Price above the minimum 21 dollars, for 7th Amendment protections. In Georgias case, one could purchase 76 items, each $21, that would be immune under this exemption clause. On the other hand, if threatened with Eminent Domain, your common law status would allow you to demand just compensation - and object to the tender of their worthless paper! (One might compromise by accepting a trade of something you deem to be of equivalent or greater value.) GOD BLESS THE USA ! --------------- Addendum Pennsylvania Constitution, Article 1, Section 1, Inherent Rights of Mankind All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. Section 10. ...nor shall private property be taken or applied to public use, without authority of law and without just compensation being first made or secured. Sub-chapter TT. LAND USE PLANNING, Sec. 7.771. Commonwealth land use policies. sub-section (c) The constitutional private property rights of Pennsylvanians must be preserved and respected. ............................... No inhabitant of this state shall be molested in person or property ... on account of religious opinions... - - - Georgia Constitution, Article 1, Sec.1, Paragraph 4 ... private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid. - - - Georgia Constitution, Article 1, Sec.3, Paragraph 1 .................................
Posted on: Mon, 28 Oct 2013 18:37:18 +0000
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