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Source: http://fightingforliberty.org/content/view/49/26/

Source: http://fightingforliberty.org/content/view/49/26/
(C) 2006 FightingForLiberty.org

Property Tax

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

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

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

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

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

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

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

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

Property which is taxed is always identified by one of
three commercial classifications: residential,
industrial or agricultural. Private property cannot be

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

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/

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