Paying property tax is one of those things which most Americans have accepted as if it was a way of life. However, most people are unaware as to why they pay property tax in the first place. If you knew why you pay this tax, you could then choose whether or not to pay it, because like all taxes in this country, the property tax is not a mandatory tax. If you knew the truth, would you continue to pay? Some of you will say that property tax goes to support education, and if you don't pay the property tax then you don't care anything about educating our children. This is the cry of all good socialists, the enemies of Americanism and the principles of limited government and natural rights. Anyone who has researched the educational system even a little, knows that the United States Department of Education has based its system on the Soviet education system. This was proven by former Senior member of Ronald Reagan's Department of Education, a courageous woman who surreptitiously removed documents, then exposed the truth for all to know. Let's get back to the argument made by socialists concerning how property tax money is used for education, and if you don't pay it then you are against education. My response is that money is the fuels for bureaucracies. When a system (like education) is failing to properly educate our children, but rather is making them into mindless, unthinking, docile, obedient servants of government, effective slaves for the work force, then by fueling the system you are simply guaranteeing that it will continue to do what it is doing. If the results of the current system are undesirable, then stop giving it fuel and it will cease to operate. Now that we have dealt with the principal naysayers, let's talk about the property tax itself. There are only two kinds of taxes - direct and indirect. Direct taxes are prohibited by the Constitution - not once but twice. Direct taxes are taxes on that which you already own, and there may be no direct taxes under any circumstances short of a state of war, and then only if the taxes are equally apportioned among the Union states. Apportionment works like this: say the United States government want to raise 500 million dollars for the "war effort." Say, too, that California has ten (10%) percent of the population. California gets a bill for 50 million dollars. Now let's say that California has 25 million people at this time. Everybody pays two dollars. That's apportionment. It does not take into account how much or how little you earn, how much or how little you have, etc. It is completely fair and equable. An apportioned tax must be repealed within two years of its enactment. The other type of tax is an indirect tax. Indirect taxes are taxes on a particular activity or taxes levied at the point of purchase. If you do not want to pay the tax, don't engage in the taxed activity or don't purchase the taxed item. Lawfully avoiding indirect taxes is easy. America was established so that a Citizen need not ever pay any tax, unless he wished to do so. So what is the property tax? It is an indirect tax, levied because you have voluntarily used government services, and also because your property has been classified as a commercial piece of property. There is no law requiring a real property owner to record his property with the County Recorder. Don't believe me. Go ask your Recorder or County Counsel. Therefore, when you do record your property, you are using government services which you are not required to use. Your property tax goes to pay for those services. 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. Allodial title means supreme ownership. In the united States of America, all property is allodial in nature. This means that all property is subject to supreme ownership by the people. This also means that federal government activities which take private or public land to use for environmental or biosphere purposes, are illegally stolen from the people, who are their rightful owners. If you can obtain allodial title to your real property, you will have effectively created an envelope in which you reign supreme (e.g. the King has allodial title to the castle and the kingdom). 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. Needless to say, the government does not want you to obtain allodial title to your property, and they will actively work to prevent you from doing so. There are three main steps toward acquiring allodial title. First, the property must be completely paid off. No mortgage, lien. or other attachment can exist.* Second, you must go to the County Recorder and do a title search. Do it yourself; do not have an attorney (vested interest) or title company representative do it for you, because nobody has as much interest as you in the results. Do the search yourself. You must search back to the original land grants, ensuring that there are no hidden clouds on the title. Once you have completed a successful title search, file for a federal land patent on the land on which the property is located (if the property is in one of the original thirteen states, you will need to go to the state for a land patent - no federal land patents exist for these states). Now comes the third part, this is also the hardest part. 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 government doesn't want you to accomplish this, so they will work against you. I suggest you burn the research candle at both ends, so to speak. Contact the County Recorder in the county where the property is located. Contact the Department of the Interior in Washington, D.C. Be prepared in both instances to meet with clerks who do not know what you are talking about. Ask for supervisors until you get someone who can help you. 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. A man in Massachusetts had 160 acres and wanted to give two of them to his son. He called the Tax Assessor and asked him to reduce his assessment to 158 acres. The Assessor did so. The son never recorded his two acres. twelve and a half years passed. The son now wanted to borrow money on his two acres. The bank said they would loan him the money, but only if he recorded the property first. He wanted the money, so he recorded the property. Two weeks later, he received a property tax statement - for the current year only! The past twelve years went un-assessed - no tax! The final method of opting out of property tax is one which is little known and rarely used. It 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. Be polite and sign the letter, using words like "Sincerely", "Best wishes", etc. There is no reason be belligerent at this point. 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 not 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. There is a Tax Assessor (not a clerk, the actual Assessor) in Tennessee who has admitted that he cannot tax private property. He can, if necessary, be subpoenaed to testify. There is a private Citizen in Tennessee, who has not received a penny in property tax assessments on his private land (160 acres or so) for over fifteen years! If you need it for a court case, he will sign an affidavit so stating. In other words, the precedent exists and therefore, if you pursue it, you cannot lose! This method is rarely used so it has little track record. However, it is based upon sound law and I invite you to try it out on your real property. Let me know how it goes! Here is a detailed step-by-step tutorial on how to obtain Allodial Title for your property. 1 Get 3 certified copies of the origional land patent and 1 certified copy of record of government survey (if available) for the legal description of your property. Request "best copy available" from national archives. Expect to pay $30 for a copy and get it in 1-3 weeks. 2 Record 1 of these certified copies of the origional land patent with the county recorders office. The recorder number will be the land patent number you will refer to in your Declaration of Land Patent. 3 Determine the legal description of your property (from tax statement, deed, real estate contract, or tax assessor's office) to which you are an assign. Get property description narrative (get range #, township #, section #, get quarter section in metes and bounds) 4 Research the assigns (i.e. heirs, owners), on the property back to the origional issue of patent. Discover the chain of assigns pertinent to your portion of the land patent and attach to your Declaration of Land Patent. 5 Prepare a Declaration of Land Patent and update it in one name. It cannot be updated in two names**. Other equitable arrangements can be made to further sub-divide the ownership or allodial title of the property, or it could be put into a trust. Declaration of Land Patents must be updated in the name of a real individual, not a legal fiction. No legal "persons" are allowed to hold title to property, you cannot allodialize property in the name of a trust, corporation, or non-profit. 6 Record the Declaration of Land Patent in either your county recorder's office, register of deeds, or with the bureau of records and conveyances of your common law court. Notorize or witness all documents. Do not send checks or federal reserve notes, use lawful money, gold or silver; because conveying title with negiotiable instruments voids the allodial title. 7 After filing, send a copy by certified mail return reciept requested as a Notice of Declaration of Land Patent to your bank or mortgage company, or to any parties with equitable interest in your property including the county tax assessor. 8 An alternate method to notice the other parties would be to publish a Notice of Declaration of Land Patent in a legal publication in your county (once a week for 3 weeks, or for the full 60 days.) 9 Post Notice of Declaration of Land Patent at the 4 corners of your property and leave them posted for 60 days (witnessed) 10 They have 60 days to challenge your claim to the allodial title, or forever keep their silence. An allodial title is the highest title to property. *This step may be lawfully avoided due to the fact that there is no lawful currency. Without a lawful currency of Gold and Silver it is completely impossible to pay debts, a debt cannot be “paid“ with a Federal Reserve Note which doesn’t even meet the minimum requirements for a promissory note and isn‘t redeemable. Therefore since you have an absolute right to remedy and relief, the law must absolve any debts, it cannot require that which is impossible, especially when the problem is their fault. So if you wish to peruse this avenue, just start a prima-facie case by entering a simple affidavit stating that due to congressional mischief and the negligence of your state you are insolvent and unable to lawfully pay debts. If you want a detailed affidavit on this subject you can contact me and I will write one up for you, for free! **A husband and wife are one and they may act as one, provided they were married under the anglo-saxon common-law. Those “married” with a marriage license are not recognized as one by common-law because they have entered into a contract with three parties, the husband, the wife, and the state; the state being the primary party in the contract. Contact me for more information.
Source: http://fightingforliberty.org/content/view/49/26/ (C) 2006 FightingForLiberty.org