9 votes

Want to know the trick behind Property Tax?

What is "Real Property"? What is "Private Property"? Are they the same?

Not according to the Michigan Constitution.

http://law.onecle.com/michigan/1-constitution-of-the-state-o...

    ARTICLE X Property

    § 1 Disabilities of coverture abolished; separate property of wife; dower.
    Sec. 1. The disabilities of coverture as to property are abolished. The real and personal
    estate
    of every woman acquired before marriage and all real and personal property to which
    she may afterwards become entitled shall be and remain the estate and property of such
    woman, and shall not be liable for the debts, obligations or engagements of her husband, and
    may be dealt with and disposed of by her as if she were unmarried. Dower may be relinquished
    or conveyed as provided by law.
    History: Const. 1963, Art. X, §1, Eff. Jan. 1, 1964.
    Former Constitution: See Const. 1908, Art. XVI, §8.

    § 2 Eminent domain; compensation.
    Sec. 2. Private property shall not be taken for public use without just compensation therefore
    being first made or secured in a manner prescribed by law. If private property consisting of an
    individual’s principal residence
    is taken for public use, the amount of compensation made and
    determined for that taking shall be not less than 125% of that property’s fair market value, in
    addition to any other reimbursement allowed by law. Compensation shall be determined in
    proceedings in a court of record.
    “Public use” does not include the taking of private property for transfer to a private entity
    for the purpose of economic development or enhancement of tax revenues. Private property
    otherwise may be taken for reasons of public use as that term is understood on the effective
    date of the amendment to this constitution that added this paragraph.

Here we see the use of "real property" and "private property" both within Article X

Now, in Article IX "Property Tax"

ARTICLE IX Property Taxation

§ 3 Property taxation; uniformity; assessments; limitations; classes; approval of legislature.
Sec. 3.
The legislature shall provide for the uniform general ad valorem taxation of real and tangible personal property not exempt by law except for taxes levied for school operating purposes. The legislature shall provide for the determination of true cash value of such property; the proportion of true cash value at which such property shall be uniformly assessed, which shall not, after January 1, 1966, exceed 50 percent; and for a system of equalization of assessments. For taxes levied in 1995 and each year thereafter, the legislature shall provide that the taxable value of each parcel of property adjusted for additions and losses, shall not increase each year by more than the increase in the immediately preceding year in the general price level, as defined in section 33 of this article, or 5 percent, whichever is less until ownership of the parcel of property is transferred. When ownership of the parcel of property is transferred as defined by law, the parcel shall be assessed at the applicable proportion of current true cash value. The legislature may provide for alternative means of taxation of designated real and tangible personal property in lieu of general ad valorem taxation. Every tax other than the general ad valorem property tax shall be uniform upon the class or classes on which it operates. A law that increases the statutory limits in effect as of February 1, 1994 on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes requires the approval of 3/4 of the members elected to and serving in the Senate and in the House of Representatives.

Now lets look at the Property Tax act:

    THE GENERAL PROPERTY TAX ACT (EXCERPT)
    Act 206 of 1893

    211.1 Property subject to taxation.

    Sec. 1.

    That all property, real and personal, within the jurisdiction of this state, not expressly exempted, shall be subject to taxation.

Here's how it works. You buy land, and then without question, you record the property with the State. This process is not mandatory, therefore it is a privilege. The State now has an interest in the land, and the 'duty' of 'protecting it' fee simple. This is why you need the States permission to alter the property. The property is not a direct tax on the land, it is a uniform indirect tax on the activity of the State pursuant to your request.

Once you register it or record it with the State, they put your one "Private Property" into a Taxable class, either Residential, Commercial, Agricultural or Industrial, and you become the tenant. The Michigan Constitution and Tax Code (and probably other States too) use the terms Real and Private carefully...but you know what they say:

    "When Congress includes a specific term in one section of a statute but omits it in another section of the same Act, it should not be implied where it is excluded." Arizona Elec. Power Co-op. v. United States, 816 F.2d 1366, 1375 (9th Cir. 1987); see also West Coast Truck Lines, Inc. v. Arcata Community Recycling Ctr., 846 F.2d 1239, 1244 (9th Cir. 1988), cert. denied, 488 U.S. 856 (1988).

An un-apportioned direct tax on Private Property is unconstitutional...therefore the States MUST find a way to trick you into converting your "private Property" into "Real Property"...or simply have the Property tax be a uniform Indirect tax on an avoidable activity.



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

question

I remember watching Michael Badnarik talking about this issue in his Constitution Class... The allodial title was mentioned and it sure was an eye opener.
But lets say the township owns your land, and you pay the tax as your house sits on it, my question is why the appraisal includes the value of your house. In other words, if you don't do anything to the land, why have each year more vale added and as result more tax to pay? Why home improvements trigger higher taxation? It is clear to me that I can't find a logic answer, but I wonder if there is an argument to be made for taxation only of the land and not the house.

_____________________________________
He that would make his own liberty secure, must guard even his enemy from oppression.
Frontline: The Untouchables

I have read this type of

I have read this type of information for years. So, how is the federal government, state and county financed without this tax? I have read where a portion or all of this goes to the Queen of England and the Vatican. Can anyone explain this?

There is no Left or Right -- there is only freedom or tyranny. Everything else is an illusion, an obfuscation to keep you confused and silent as the world burns around you." - Philip Brennan

"Invest only in things that you can stand in front of and pr

Extorted theft, called property tax.

Debt slaves are not allowed to own property. If you rent you get a written agreement with terms.

If you are under the illusion that you own the property. Once a year your landloard. The GOVERNMENT THEIF comes along and tells you the terms of the theft (property tax) with the extortion of taking the property if you do not pay.

Mafia strong arm game. Extorted theft. Forcing a population into a position of immoral cowardly submission to liars theives and murders who call themselves government.

sovereign

deacon's picture

been reading things such as this

for years now
never have i come across any extra knowledge as to how to void it all out
i guess another 5 years down the road i will learn how to
i have learned one thing of interest, cops have no jurisdiction
and can write no tickets on property such as stores
deacon

If we deny truth before your very eyes,then the rest of what we have to say,is of little consequence

Have you seen this...

http://www.youtube.com/watch?v=6RLHsH7XAkc&feature=youtube_g...

Very good info but long

It is one of the essential features of such incompetence that the person so afflicted is incapable of knowing that he is incompetent. To have such knowledge would already be to remedy a good portion of the offense.

deacon's picture

as a matter of fact

No i haven't
thank you greatly,I see more on the side also
so i will be busy for quite awhile,but finally
in a good way :)
deacon

If we deny truth before your very eyes,then the rest of what we have to say,is of little consequence

double

Post

It is one of the essential features of such incompetence that the person so afflicted is incapable of knowing that he is incompetent. To have such knowledge would already be to remedy a good portion of the offense.

This is the problem...

We all have and why this "fraud" continues on all of us. We are mired by all the distraction the propagandist force on us instead of communicating solutions to these "frauds".

This thread was started over a year ago and only has few responses, yet Beyoncé's illuninati symbol toss at the super bowl has how many?

We as a people will never be free if we cannot break through the propagandist distractions and continue communications on this level to absolute solutions.

We are our worst enemies, god help us...

It is one of the essential features of such incompetence that the person so afflicted is incapable of knowing that he is incompetent. To have such knowledge would already be to remedy a good portion of the offense.

All property tax is "legal" extortion....

nothing more, nothing less.

I didn't even bother reading

I didn't even bother reading that. It's just jargon to confuse people. Do you really want to know why people have to pay property taxes? Because there is no such thing as a land patent anymore. They were issused/sold in the early 1800s to formally assign land to people. They could only be bought with gold or silver. These land patents could be passed down to heirs without any paperwork being done. Somewhere along the line the states got ahold of them, probably by force, and now you are issued what is called a deed. A deed is just proof that the land patent exists somewhere. It exists in state archives, and I don't think it even exists anymore, they've likely all been scanned to microfilm. Since the land is state property, you are merely a tenant who rents it. A deed just puts your name as the tenant. Since it's the state's property, you must follow their rules of use or they can just take it at any time.

The same thing applies to cars. A title is not proof of ownership. It just points to a state having possession (on microfilm) of the MSO or MCO. It's why sovereigns are shoved in jail for having unregistered, uninsured, and uninspected cars and are driving without licenses. It's because that car is not their property, it's the state's. You can get the MSO/MCO only if you buy the car with cash. Even then dealers are reluctant to give you that piece of paper, claiming that they legally have to send it to the state to have the car titled.

The same things even apply to your body if you actually looked into it. You can thank your ancestors for just signing birth certificates without looking what they said. There is a box to check that they are handing their baby over to the state because they needed a hospital to deliver the child, making them unfit parents, and the state is just giving them mere guardianship. There is a check box that inducts you under the social security system. It's an outright lie that you are required to have a social security number. Once you are signed up for it there is no leaving it.

Please come join my forum if you're not a trendy and agree with my points of view.

My research...

On this subject yielded nearly the same as what you've stated here. Thumbs up...

It is one of the essential features of such incompetence that the person so afflicted is incapable of knowing that he is incompetent. To have such knowledge would already be to remedy a good portion of the offense.

It would seem to be a void agreement

based on intentional or constructive fraud. They never tell you that recording your property requires the waiving of Constitutionally protected Rights, namely the right to own property which is the first and most inviolable right.

“Waivers of such constitutional rights must not only be voluntary, but also must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.” Brady v. United States, 397 U.S. 742, 748 (1970). The State bears the heavy burden of demonstrating that the accused had sufficient awareness of the consequences of the waiver, and that these vital constitutional rights were then knowingly and intelligently waived. Miranda v. Arizona, 384 U.S. 436 (1966).
The question of whether the accused waived a Constitutional right “is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.” North Carolina v. Butler, 441 U.S. 369, 373 (1979). Moreover, it is clear that courts must “indulge in every reasonable presumption against waiver.” Brewer v. Williams, 430 U.S. 387, 404 (1977).

This same argument applies to drivers license,ssn,birth certificate,voter registration,weapons permits, etc. They surely didn't tell you there was no requirement to comply. In fact, today, they try to keep baby's in hospitals if you don't capitulate to their demands to apply for a SSN.

You are correct BUT...they

You are correct BUT...they are not VOID, they are only "VOIDABLE". One has to move to void them, they do not void themselves.

    We have long recognized that contracts obtained by fraud are not absolutely void, but are “voidable at the election of the parties affected by the fraud” and “binding until properly avoided.” Urner v. Sollenberger, 89 Md. 316, 332, 334, 43 A. 810, 811-12 (1899); see also Iseli v. Clapp, 254 Md. 664, 669-72, 255 A.2d 315, 318-19 (1969) (holding that a foreclosure rescue scam victim’s deed was voidable, but not as against innocent third parties); Hoffman v. Seth, 207 Md. 234, 239, 114 A.2d 58, 60 (1955) (stating that an agreement or conveyance procured by a false representation of a material fact is voidable, but not void); Wicklein v. Kidd, 149 Md. 412, 424-25, 131 A. 780, 784-85 (1926)

So I guess its time to raise the funds

to make a Ron Paul Law school.

Bookmarked and bumped

will read tomorrow looks very interesting thank you for sharing this with us.

"We can see with our eyes, hear with our ears and feel with our touch, but we understand with our hearts."

bump

if only we all cared so much about the intrigues of law at which youve become so adept at navigating, rather than getting caught up in the nonsense of wisconsin for example, then i think the 'patriot' movement would be far better off. i wish there were more julius braggs on these forums that took such joy of highlighting these issues as it pertains to many states and not just the state of michigan and california.

always a pleasure reading your threads.

Neat

This is a brillant analysis

I prefer a dangerous freedom over a peaceful slavery. Thomas Jefferson

Thanks, and now to figure out

Thanks, and now to figure out how to unregister the property.

Juluis, any luck figureing

Juluis, any luck figureing out how to unregister property?

Some time back, here on DP:

There was info on acquiring an allodial title in the state of TN.
There was info on how to go about it and what laws to adhere to while doing so.
I think I saved that somewhere in this computer thingy because I was thinking about moving there.
I think it's time to see if I can dig it up.
The state of MD. does their level best to hide everything they can. So after much searching, I have not been successful.
I can remember as young person hearing people on tv shows talk about land patents.
Bonanza and Daniel Boone come to mind.
My how times have changed.

~~~~~~~~~~~~~~~~~~~~~~~~~~
I love my country
I am appalled by my government

I have been studying land

I have been studying land patents for a bit. The process of "bringing one forward" if you will doesn't seem too difficult. What seems difficult to me is buying land that you can get proper documentation on so you have the right to bring the patent forward in your name ( being able to prove you are infact and “hier or assign” to the original patent).

Unfortunately, the patent alone doesn't deal with the issues of property taxes, zoning, etc; as we still have an unlimited right to contract. If you accidently take over some duty or responsibility when you sign the contract to purchase the land (such as property tax payment in arrears maybe registering/recording the land ), you still are stuck paying them .

But that’s just my understanding of the issue.

I have tried to do this...

A few years ago here in Michigan unsucessfully. I had done all the paperwork and recieved a certified copy of the last original land patent (signed by Andrew Jackson on June 1, 1830) but could not get it registered at the county recorder, even after taking them to court for obstruction. Was told that registering land patents was "the old way" and is not done anymore.

I wish you all the success and let us know.

It is one of the essential features of such incompetence that the person so afflicted is incapable of knowing that he is incompetent. To have such knowledge would already be to remedy a good portion of the offense.

deacon's picture

mich too aye?

glad to have another
deacon

If we deny truth before your very eyes,then the rest of what we have to say,is of little consequence