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is land tax legal?
Submitted by juliusbragg on Thu, 10/01/2009 - 22:24
"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18. » |
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False
The basic premise stated here is that the US Constitution controls state property tax law. It doesn't. Except where it specifically says so (or has been extended by the 14th amendment), the US Constitution provides no limitation on State government. This is basic con law and Federalism.
Property tax is a state law issue, not a Federal Constitutional law issue. US Constitutional provisions and Federal cases construing those provisions have nothing to do with the State laws imposing property tax.
If you want to make a Constitutional argument against property tax, you need to rely on the Constitution of the State you are in (or upon one of the Federal Constitutional rights applied to the States by selective incorporation - equal protection or due process). You could also rely on Federal statutory law, if there was any that applied. And I don't think there is, except some rare circumstances of race discrimination when Title 7 of the CRA might apply).
Oh, and by the way, the FOIA and State equivalents do not require government workers to create reports or do research for you. You can ask for existing documents but you cannot ask them to provide evidence for "x" or explain their authority for "y". They are not required to answer your questions. They are only required to give you acess to existing documents.
"This Constitution, and the
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby"
Article VI, Clause 2, of the U.S. Constitution
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You are incorrect. The
You are incorrect.
The Federal Constitution is the supreme law of the land, so by proxy, it limits the States governments. The States, for example, can NOT limit the freedom of religion by providing that a license to attend church is required.
http://law.onecle.com/california/constitution/article_3/1.html
"SEC. 1. The State of California is an inseparable part of the
United States of America, and the United States Constitution is the
supreme law of the land."
Thats all the constitution does is limit. It grants no rights, it only limits what government may do.
The State government has very few duties. One, the most important, is that the State government is to maintain and protect individual rights. This is done [suppose to be done] by providing a court system, where an injured party whose rights have been violated by whatever means, may bring a case before the State to determine damages.
Secondly, the State Government is to bring a voice to congress regarding issues of the National, or Federal government. An example of this would be the local congressmen heading to Washington to express their constituencies opinions about declaring a war with another nation.
Many people believe that it is the duty of State government to make "laws" in order to protect society, but it is not. The laws have already been established, and practiced for thousands of years. They are called "Common laws". Anything above and beyond common law is only adhered to through consent.
You mention FOIA does not require servants to create reports. This is true from a statutory standpoint, however, the courts have ruled:
Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading...U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden...
you seem to take the side of the government, rather than the Citizens, which is always the WRONG side to err on, according to our founders. Unfortunately, we have become a society where the Citizens are afraid to question the public servants, cops rarely feel that they need to inform us of what they are doing, and where local and state governments refuse to explain their actions when asked. The duty of a public servant, is to serve the public.
In conclusion, it is impossible to have "liberty" with land tax, which I think you would agree we have the right to. The reason it is impossible, is because Liberty means never having to work, never having to deal in money, never having to do anything you dont wish to do, so long as you dont affect anyone else's rights....so going out and having to get a job, or sell something, in order to pay the state a yearly fee for your land would be a clear violation of this liberty.
Your reply is also faulty
The Constitution does in fact limit state government in that the republican form of government is guaranteed and in doing so the superior rights of the people must be respected by the inferior power of government.
That, too, is basic constitutional law and federalism.
But I would agree that separate from those constraints, you are correct.
Misread
I didn't say the US Constitution does not limit State government. I said that "Except where it specifically says so (or has been extended by the 14th amendment), the US Constitution provides no limitation on State government."
Clearly there are many provision in the Constitution that specifically limit State governments: Article I Section 10 is all about limits on the States as is much of Article IV, including Section 4 that you cite.
But none of it prohibits the States from legislating a property tax. And if it don't say it, it don't do it. At least in my world where the Rule of Law still applies.
The provision you cite IS an interesting one. I can't imagine it being enforced. We are all about mob rule now.
Great Answer
But don't forget to through in land under federal grants are not taxed at all.
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Bumped and bookmarked
I'll need a nice long quiet sit to read this one....I'm haggling with our tax collector presently. Thanks for the ammunition.
Colchester, New London County, Connecticut
Thanks for this
and for your consistent work on behalf of all.
Great link
Thanks for the information Julius.
Keep up the fight to protect what is right.
Land cannot be taxed.
Only "real estate" that exists on that land. The appretuance contracts that each individual VOLUNTARILY gets themselves involved with.
I reserve the right to govern myself.
I reserve the right to govern myself.
hmm
So are taxes voluntary?
I don't think
there is such a thing as land tax. Land cannot be owned or taxed. Property is not taxed either, the tax is on the individual, and is a contractual arrangement.
Could we get some explanation beyond just the link?
I can follow the briefs, but there needs to be some explanation behind them.
the reason you pay "property
the reason you pay "property tax" is because you choose to...we 'all' choose to...we never question it, we never see the "law" that requires it, and instead we simply send in a check, and complain about how we are being robbed.
change this letter to fit your needs, and send it to the treasurer...we need to start holding these people accountable for their actions. If they are NOT willing to "sign" a document that declares you owe an amount, then DONT PAY!!!
What letter are you talking about?
I see no letter...
I may not know the truth, but I know when I'm being lied to...
I may not know the truth, but I know when I'm being lied to...
um, what link are you going to. The link given in the original
post, is to a letter with an attached memorandum of law.
Sure looks like a letter to me. And the poster even replied how he used that letter. So maybe you aren't clicking on the right link or are being redirected by a hi-jack.
click on the link
click on the link above
countyguard...
have you done this?
This should be public record, or at least the person who has sent these letters could release the letters. Can you help us out and show us specifically how you have proceeded?
Thank you.
http://FlipFlopRomney.blogspot.com
most of the land I own has a
most of the land I own has a yearly tax of between $12 - $60 dollars, so in the past I simply paid it "under protest". Recently, one of my property taxes went up to $361 dollars or so, I sent a letter similar to this, and the bill was quickly reduced to $13.81
since then, I decided Im sending this letter into ALL tax assessors.
Im on a new mission, as all of us should be:
No matter how insignificant the right seems, no matter how small the infringement is, and no matter who is trampling them, We MUST fight to keep them.
this means fighting cell phone tickets, seat belt tickets, property tax, sales tax, fishing license, building permits, ANYTHING that is being applied that is NOT constitutional.
For fun, check out the rules of sales tax in California...
read number 2, 3, etc
http://www.boe.ca.gov/sutax/faqpurch.htm
The question is still open though.
Did you get back a signed assessment?
If not, why did you pay it?
Seems to me that this doesn't prove that you don't owe the tax, simply that they lowered the assessment to shut you up. Challenging the amount of an assessment is one thing, challenging their jurisdiction to tax you is quite another.
The fact that they lowered the assessment and you paid it, tells me you owe the tax and you know it.
of course I did not get an
of course I did not get an assessment. I paid, "under duress" because I could not get an answer on what the actual apportioned amount would be for the land tax, nor could I get an assessment...and the city of Battle Creek is really fast about selling past due tax land. So rather than lose my 2.5 acres for 13 dollars I paid it, so I can do more research for next year....
even I have limits:)
I'm with you on removing the
I'm with you on removing the unconstitutional taxes.
Some of us need help... would you mind guiding us with a (redacted if necessary) copy of your work such as the letter you sent to get the tax reduced?
Thank you.
http://FlipFlopRomney.blogspot.com
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somehow this disappeared
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still not approved??
still not approved??
how long is it suppose to
how long is it suppose to take a moderator to determine if my post is acceptable?
the new spam filter is
the new spam filter is terrible!