Private property isn't estate

[jetgraphics]

Since 1935, few, if any Americans own private property. Therein lies a great problem.

Real estate and private property are mutually exclusive.

All "takings" under eminent domain have been of real estate held with qualified ownership, and as such, not protected from being taken.

Don't believe me - - - go to your nearest county courthouse law library and look up the delegation of power to tax. It will say estate, or some variation of "real and personal property". Which, by definition, is not synonymous with private property, absolutely owned by an individual.

Amendment V, US Constitution 1789
... nor shall private property be taken for public use, without just compensation.

"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."
- - - Black's Law dictionary, sixth ed., p.1217

"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. "
- - -Black's Law dictionary, sixth ed., p. 1106


"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." - - -Black's Law dictionary, sixth ed., p.547

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.
- - -Black's Law dictionary, sixth ed., p. 812

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.
- - -Black's Law dictionary, sixth ed., p.877

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."
Black's Law dictionary, sixth ed., p.1218

Estate means temporary / limited / qualified ownership.

Private property = protected from being taken for public use.
Estate = not protected from being taken for public use.

If you bought or sold "real estate" (held with qualified ownership), then it wasn't private property. Since 1935, duly enumerated socialists lack the legal standing to absolutely own private property. They're "human resources", pledged as collateral on the national debt.

Check your own state's constitution for the delegation of power to tax. You should find that it is limited to "real and personal property" (i.e., estate). You will not find any delegation of power to tax private property.

Now, to the issue of TITLE.

TITLE - "The formal right of ownership of property..."
Black's Law dictionary, sixth ed., p.1485

TITLE -...A shorthand term used to denote the facts which, if proved, will enable a plaintiff to recover possession or a defendant to retain possession of a thing. Ballantine's Law Dictionary, p. 210

What facts establish allodial title ?
1. Right to own (legal age, unencumbered)
2. Alienated title with lawful money *(uh oh)
3. No superior claim exists



My favorite "zing" - go to the county recorder of deeds and ask them if they only record real estate. When they say, yes, thank them, and go your merry way.

You should investigate your own state's 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.

But there's 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's going on?

" 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)

So, the recording of deed is only for giving constructive notice to third parties. Is there another way to give constructive notice?
Yes. It's known as a legal notice.
Thirty days before the sale, you can place an ad, requesting any claimants to property (described therein) to come forth or forever waive their claims. At the end of the period, the newspaper will issue an affidavit attesting to the response or lack thereof.

Thus when you buy your private property, with no less than 21 dollars (silver or gold) and other valuable consideration, you will have established the three facts to defend your title to the property.
1. Right to own
2. Alienated title with lawful money (and preserved your rights to a trial under common law rules)
3. No superior claim exists

But there's a gotcha - - - realty law is separate from private property law.

Remember, estate is that which is held with qualified ownership.

FEE SIMPLE - ... an absolute estate... Black's Law dictionary, sixth ed., p. 615
(oxymoron - an absolute "qualified ownership" !)

DEED - A conveyance of realty. Black's Law dictionary, sixth ed., p.414

REALTY - A brief term for real property or real estate. Black's 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 by an individual.

Recapping, the law on the books still recognizes the sanctity of private property. However, most Americans have been misled to believe that all land is estate. Since 1935, duly enumerated socialist Americans lack the legal standing to absolutely own, since they and their property is collateral on the public debt - thus 2 or more persons have a claim upon the numbered "human resource".

[jetgraphics]

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.
Black's 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 the Texas government.
But socialists lack the legal standing to absolutely own. (d'oh!)


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.

Pennsylvania
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

-----------------------------
What the founding generation understood about government:

Virginia Constitution, 1776
SEC. 6. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assembled, for the public good.

All men ... cannot be taxed without their own consent.
All men ... cannot be deprived of their property for public uses without their own consent.
All men ... cannot be bound by any law that is not for the public good.
----------------

[Check your own state constitution for explicit protection for private property versus the power to tax estate.]

[iOWNme]

Great info here!

I wish i never learned the word 'Allodial'.....It is quite depressing. Your time + energy + skills = Your Prosperity.


Now you voluntarily exchange your time + energy + skills for DEBT.



I think we've been conned.

[Saul Mine]

So how exactly does one obtain "private property" instead of "estate"?

[jetgraphics]

So how exactly does one obtain "private property" instead of "estate"?

[] Do you have the right to absolutely own? Do you have an agreement to underwrite the public debt with yourself and your property (FICA)?
[] Can you alienate title with lawful money -- gold or silver coin? (And pay the seller the balance in 'other valuable consideration' - like pictures of presidents on green paper)

Those are the two major hurdles.

The legal notice to establish no superior claim is fairly straight forward. Read the legal notices section to get an idea of the format.

Before 1933, and 1935 (national socialism), an American national (non-citizen) would be legally capable of buying private property with lawful money.

Part of the problem is the "negative logic" that lawyers use to confound the casual reader.

Let's just say that millions have been persuaded to obey that which has not been enacted into law.

But if you check your own state's constitution and statutes, you should find that (a) private property is explicitly protected, while (b) taxing power is applicable to estate (real and personal property).

Anything related to estate, generally does NOT apply to private property - such as zoning, restrictions, codes, etc., etc.

Do not believe me - go read the law for yourself. Investigate what your local laws are pertaining to land, houses, and other property. Look for the clever trapdoors - mandatory laws that are not mandatory - liable persons - "shall" means "may" - or that nothing in the law can be construed to trespass any pre-existing right.

Especially be wary of presumption, and always double check terminology. Never assume colloquial meaning is synonymous with legal meaning. Often, statutes will redefine terms.
That's how the elephant was created - a mouse built to government specs.

[iOWNme]

Jet,

Upon searching my State Constitution, AZ, for the words 'private property' it only came up in 1 place: Eminent Domain.


Article II, Declaration of Rights, Sec 17:

17. Eminent domain; just compensation for private property taken; public use as judicial question

Section 17. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.


Im thinking States that were admitted to the Union after say the Civil War, do not enjoy the same 'rights' that the original 13 may have? Your thoughts?

[jetgraphics]

Jet,

Upon searching my State Constitution, AZ, for the words 'private property' it only came up in 1 place: Eminent Domain.


Article II, Declaration of Rights, Sec 17:

17. Eminent domain; just compensation for private property taken; public use as judicial question

Section 17. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.


Im thinking States that were admitted to the Union after say the Civil War, do not enjoy the same 'rights' that the original 13 may have? Your thoughts?

Depends on the meaning of "STATE".

STATE - A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and entering into international relations with other communities of the globe. -In its largest sense, a "state" is a body politic or a society of men.
-The section of territory occupied by one of the United States.
-One of the component commonwealths or states of the United States of America.
- - - Black's Law Dictionary, Sixth Ed., p.1407

State can mean (a) a people, (b) geographic area, or (c) government.

So it is misleading to assume that "State's Rights" refer to the government, whose members swear an oath to the USCON, and are subservient to its terms.
State governments, as artificial persons, only have delegated powers, derived from their charter / constitution.

Re: Eminent Domain.
Since private property ownership is limited to unnumbered Americans who had not been obligated to record their property as estate (qualified ownership), the requirement for JUST COMPENSATION (in gold dollars) would pretty much exclude "takings" under Eminent Domain by any State or Federal government after 1933. NO bankrupted government 'owns' any gold coin to pay its debts.

Re: Taxing power.
Check your state's constitution for the delegation of power to tax. It will be limited to estate, using such words as "real and personal property" or similar terms.

Re: Anti-peonage clause.
Your state may have an anti-peonage clause where a minimum amount of property is immune from all judicial or government process. In Georgia, it is $1600. In North Carolina, it's in two categories, totaling $1500.

What that means - if you bought your private property with $21 dollars (and other unspecified valuable consideration), and the exclusion was $1600. Then you might be able to shield 76 big ticket purchases from any lawsuit.

Ah... judgment proof.

God Bless America.

[iOWNme]

But do you see a difference say between Virginia(1788) and Arizona(1912)?

It seems the Feds had already pretty much seized everything in the name of 'commerce' before some STATES had even been admitted?

[jetgraphics]

But do you see a difference say between Virginia(1788) and Arizona(1912)?

It seems the Feds had already pretty much seized everything in the name of 'commerce' before some STATES had even been admitted?

Federal territories, before they became states, have a different set of rules.
After statehood, the republican form is guaranteed.
It's up to you, as a "state", to establish a domicile and live free.

The three basic facts that establish allodial title:
1. Right to own
2. Alienate title with lawful money
3. No superior claim exists

The Federal government has no affect on those conditions - well - mostly no effect.
{Finding 21 silver dollars might be somewhat difficult in some locales, but not a real obstacle.}

[jetgraphics]

STATE - A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and entering into international relations with other communities of the globe.
- In its largest sense, a "state" is a body politic or a society of men.
- The section of territory occupied by one of the United States.
- One of the component commonwealths or states of the United States of America.
- - - Black's Law Dictionary, Sixth Ed., p.1407

I decided that it would be beneficial to expand upon all the ramifications of this definition.

STATES
1 There are sovereign people, individually exercising sovereignty - directly.
2 There are "whole body politic", collectively exercising sovereignty - indirectly.
3 Via the democratic process, the constituents delegate power of attorney to representatives - who enact laws that (a) secure rights, or (b) govern those who consented.
4 Those governments are in States of the United States of America (currently 50), and
5 States of the United States (Federal government), which include Puerto Rico, Virgin Islands, Washington, D.C., and so forth.


The United States (Federal government, foreign corporation) entered into a compact with the States (*United States of America) to perform certain duties, and exercise explicitly limited powers.

And those people who created or submitted to the State (or Federal) government, in order to exercise political liberty (vote, run for office, serve the public), dropped in status, accepted the obligations associated with citizenship.

However, all the American people who did not create, nor submit, nor consent to be governed by their respective State governments, are also "foreign" sovereignties to the State and Federal governments.
That is why their "domain" (private property) cannot be intruded upon unless by warrant, supported by sworn oath (under penalty of perjury) of the injured party, etc, etc. For all practical purposes, your private property is a separate kingdom unto itself.

Once you perceive that the servant cannot command the master, unless securing a superior right, you will understand.

Just look at how impotent the government acts, with respect to "illegal" (undocumented) aliens.

There is no "law" that compels non-citizen non-subject people to obey. If those "undocumented" aliens establish a domicile (private property), and renounce their subjugation to their former sovereign (ex: Mexico), they would be FREE INHABITANTS. Thus the government has no jurisdiction to deport them, for not being "legal residents" or "citizens". They would retain their Mexican nationality, but cease to be Mexican citizens. (They wouldn't be eligible to exercise political liberty - serve the public - unless naturalized. But that's the least of their concerns.)

The courts are reticent at accidentally exposing their lack of authority, and if no person or property was injured by the illegal, a mere slap on the wrist follows.

It's a crazy world we live in!

[BillBoard]

STATE - A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and entering into international relations with other communities of the globe.
- In its largest sense, a "state" is a body politic or a society of men.
- The section of territory occupied by one of the United States.
- One of the component commonwealths or states of the United States of America.
- - - Black's Law Dictionary, Sixth Ed., p.1407

I decided that it would be beneficial to expand upon all the ramifications of this definition.

STATES
1 There are sovereign people, individually exercising sovereignty - directly.
2 There are "whole body politic", collectively exercising sovereignty - indirectly.
3 Via the democratic process, the constituents delegate power of attorney to representatives - who enact laws that (a) secure rights, or (b) govern those who consented.
4 Those governments are in States of the United States of America (currently 50), and
5 States of the United States (Federal government), which include Puerto Rico, Virgin Islands, Washington, D.C., and so forth.


The United States (Federal government, foreign corporation) entered into a compact with the States (*United States of America) to perform certain duties, and exercise explicitly limited powers.

And those people who created or submitted to the State (or Federal) government, in order to exercise political liberty (vote, run for office, serve the public), dropped in status, accepted the obligations associated with citizenship.

However, all the American people who did not create, nor submit, nor consent to be governed by their respective State governments, are also "foreign" sovereignties to the State and Federal governments.
That is why their "domain" (private property) cannot be intruded upon unless by warrant, supported by sworn oath (under penalty of perjury) of the injured party, etc, etc. For all practical purposes, your private property is a separate kingdom unto itself.

Once you perceive that the servant cannot command the master, unless securing a superior right, you will understand.

Just look at how impotent the government acts, with respect to "illegal" (undocumented) aliens.

There is no "law" that compels non-citizen non-subject people to obey. If those "undocumented" aliens establish a domicile (private property), and renounce their subjugation to their former sovereign (ex: Mexico), they would be FREE INHABITANTS. Thus the government has no jurisdiction to deport them, for not being "legal residents" or "citizens". They would retain their Mexican nationality, but cease to be Mexican citizens. (They wouldn't be eligible to exercise political liberty - serve the public - unless naturalized. But that's the least of their concerns.)

The courts are reticent at accidentally exposing their lack of authority, and if no person or property was injured by the illegal, a mere slap on the wrist follows.

It's a crazy world we live in!



There it is. I was wondering how long before someone would let the cat out of the bag.

[Glass]

This is a very very good thread. Excellent research. k+ to everyone.

[Nomoss]

Thanks for the info. But there was a link that I was reading on this in the past few days some where. I will see if I can get it.