SUCCESSFUL WITHDRAWAL OF REAL PROPERTY FROM TAX ROLLS

Here’s something encouraging!!!!

Chapter 293 law is a State of California Statute which has not been incorporated into any of the State of California Codes privately published for California’s law business. If Chapter 293 is still good law, it can be used to remove real property from the property tax rolls and prevent bogus liens from attaching, as well.

I have a friend in Michigan named Cheryl who had been contesting property tax for a few years without success. I recently helped her incorporate the Organic Laws into her discussion with county officials and helped her to put the burden of proof on those officials where it belongs. Long story short: we have recently had a success!

The County Treasurer has removed Cheryl’s land from the list of foreclosed properties (they refer to it as “redeeming the property”–effectively it is as though she paid the tax). After we warned him that he would be sued for deprivation of rights under color of law (as described in 42 USC Section 1983) if he did not cease his enforcement actions. The Treasurer has since then tried to find a statutory pretext for the removal, such as a homestead exemption or poverty exemption, but we told him Cheryl simply relies on the Organic Law and does not need any statutory exemption.

After pulling the land off the foreclosure list a couple of weeks ago, the Treasurer came to Cheryl’s house last week to learn more about her position, and she showed him that U.S. Code Volume 1, 2012 edition contains the Organic Laws as current law. He was BLOWN AWAY by this!! She explained to him the difference between a union state and “this State.”

He seemed to accept the truth of this, but was concerned that there might be a stampede of other people opting out of property tax this way, and also that he might get sued by the State for not enforcing the tax upon her. As we have shown him, the statutes do not require him to foreclose or record notices of default etc., it is expressly a voluntary action on his part to foreclose on properties and is therefore within his discretion. Therefore, the state leaves the Treasurer with the liability for any enforcement action and has no cause of action if he is persuaded not to enforce a tax for any reason (including the fact that the tax has been misapplied to land not within the taxing jurisdiction).

Cheryl is now seeking a refund of property taxes paid under protest and duress the last couple of years, and there is a State Tax Commission with the power to remove her land from the tax roll “for any reason.” This will be the next step in the process. For practical purposes, though, we have an enforcement official who is afraid to enforce this law against Cheryl. Any other official that comes along is no doubt going to be made aware of this situation. It now seems to be less about trying to get tax out of her, and more about how the State can save face. So my guess is they will try to resolve this as quietly as possible.

How we attacked the property tax:

We looked at the Michigan property tax statutes, and found that it had vague definitions of terms and suspicious qualifying language–e.g. “all real property within the jurisdiction of this state is subject to taxation, unless expressly exempted by law” and “for tax purposes, real property is all land within this state, unless exempted by law.”

We asked the County Assessor and a Supervisor what facts they relied upon for the legal conclusion that the land is real property within “this State”. Cheryl was contacted by the Attorney for the County Treasurer, who explained on the phone that “this is a feudal system,” and the property right she has in her land is subordinate to the State’s property right. We could not get a straight answer as to whether this Attorney claims she is compelled into such an arrangement, or whether they presume she volunteered for it. Notably, they would not put these arguments in writing.

In any case, as the County Treasurer moved forward to recording a default and beginning the foreclosure process to enforce payment of the tax, it seemed clear that this was a 14th Amendment issue of a lack of essential notice and potential deprivation of property without due process of law and/or an issue of compelled association and an attempt to subject Cheryl to involuntary servitude under color of law.

Cheryl had repeatedly made it clear that she had never consented to the property tax, and asked repeatedly for their evidence of her consent to treat her land as real property within “this state” and none had been provided.

I think what finally got her taken seriously is when we informed the County Treasurer that she did not understand the obligation being claimed, and that under essential due process requirements, they were required to respond to her reasonable inquiry as to the material facts and applicable law.

We asked for the definition of “this state” within the meaning of the statute defining “real property.” The Treasurer had to consult an Attorney to try to answer this question!!!! This proves the law is void for vagueness (the Treasurer doesn’t even understand why Cheryl’s land is subject to property tax!).

Thus the property tax statutes fail to provide reasonable notice as to what land is subject to taxation. On that basis, any demand for payment is a false claim, and forced payment is a ‘taking of property without due process of law.’

The Treasurer’s attorney tried to tap dance around the fact that the property tax statutes make no reference to geographical location–it was clear that he wanted us to believe that all land geographically located in Michigan is “within this state,” but it simply does not say that in the statutes. We ripped apart his feeble argument, and that was the last we heard from the Attorney. He evidently advised his client the Treasurer, that there would be a credible lawsuit if he pursued enforcement of his claim. All of a sudden, this official who had been rather dismissive with Cheryl was very attentive and respectful in his communications.

The truth of the Organic Law being current law even today is indisputable–and sudden awareness of this fact seems to have almost a magical quality–this official was able to see the statutes he enforces in the proper context for the first time–in the context of the Organic Law, one who does not consent to be governed by statutes is merely exercising his right of self-government, and is in no way a “scofflaw” or an advocate of lawlessness. This is unfortunately the perspective that law enforcement officers often have of people who emphasize their rights, simply because such officials have never been informed that the Organic Law is the current and permanent law of America.

This situation in Michigan gives me hope that common ground can be found between those who prefer self-government and the persons whose job it is to enforce statutes. But first there has to be some respect–and a credible threat of a lawsuit seems to do the trick with otherwise unresponsive enforcement persons who tend to fall back on “just doing my job” and “I don’t make the rules,” “talk to your representative” etc.

Several people have been trying to have county officials remove their real property from the property tax rolls, so far without success. The process of real property title registration which began as a voluntary act has evolved into a rigid rule bound tax scheme that allowed no relief for the real property owner, until now.

All property registration of land not on federal territory is voluntary as Chapter 293 shows. We just have to be persistent and we will get our way.

Source – Ed Rivera, and David.

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13 thoughts on “SUCCESSFUL WITHDRAWAL OF REAL PROPERTY FROM TAX ROLLS

  1. Hello, I have been trying to figure this out by myself. Could you please help me ? Thank you Larry

  2. Larry,

    Sorry I didn’t reply sooner –it’s all about dial-up connection to the www. You must see that the @System@ is down. I’ve been “at it’ up in Eureka. The corporate order followers are of NO help at all. That seems to be the hardest part –just getting them to give you a straight answer. The records here –both the land records and the financial ones look like a crime scene. If you have lotsa patience, then just get your step by step evidence and approach the corporate employees. Here it would be the Assessor. I was talking to him today –I seldom come away with what I went for. It’ll take several visits to educate them – and they’ll die for the lie, especially if it comes from central control. The main part is defining the language. “In this state” is corporate Legal color of law words that equal taxes. “The state” is common law land jurisdiction. That’s where to start.

  3. Hello
    I have been searching for ways to remove my property off the tax roll and this article looks promising, I looked up the US code book vol 1 2012 is the entry you used Title 4 USC 105 or could you tell me what section of the book I can find that was shown to the treasurer
    Thank you,
    Eric

  4. Question? I have been trying to clear up problems with my property. Taking my case to the Supreme Court of Texas was useless! It is my understanding that the County Tax Assessor/collector is the one accountable for errors. According to “authorities”, the blame is the County Tax Appraisal District – who according to codes, rules, and regulations were hired by the County Commissioners. I have tried to acquire detailed information with the Freedom Of Information Act (FOIA) but they refuse to answer my requests.

    Is it not conspiracy for an Appraisal District that works for Taxing entities to also Appraise the property to be taxed for these entities benefit? So, my question is who do I go after and how do I do it?

  5. Chapter 293, is not enough, NEED to know the YEAR?
    Greg
    And for anyone in Calif, the Statute for taxing “real property” is Stat. 1939, Chapter 154, Which is codified as The California Revenue and Taxation Code, go to sec. 103, 104 and 107, under “statutory construction” these are to be read together, remember what the word “includes” means, and find out the other “things” that are required with “Statutory Construction”. (Too much to go into here, Let your fingers do the walking) (Google it)
    I have been fighting these b****ds for 15 years been through 4 Assessors, when I present them with the truth they don’t run for reelection, but no one will take me of the tax rolls, another Key to this is the “Torrens Land Act”, another key is You own “Private Property”. What does the Constitution of the State and The U.S. say about private property? Enough said.

  6. I just got this from another source indirectly from Ed Rivera:
    “A two-year Congress on August 5, 1861 (12 Stat 292) enacted an annual direct tax of 20 million dollars.” So it’s not a Chapter it’s a Stat, and it’s federal. Property Taxes are a local issue, although “this State” is also part of the solution, look up the meaning of the word “this”. And if you think you know the meaning of a word don’t assume, go to the etymology and find out what it really means and how it’s used in sentence construction.

    In California The Law of recording your Deed in the County recorder’s office Say: “deposit” and “presentment” , so did you just “give” (a present) your property into a bank for their use. I know for a fact that all deposits into a bank belong to the bank, you put them into a “demand deposit account”.

    And there is NO law that says you have to record a deed. A mortgage yes.

    Ed Rivera is totally off track with this , This is obviously a indirect tax (a privilege tax) NOT a direct tax.

    A direct tax has to be apportioned, that means that it has to be decided before it is collected and before passed, on where and how the moneys are to be spent, and those funds have to go into a separate fund (account) which DIRECTLY benefit the property being taxed. A direct tax is one that can’t be passed on to someone else, whereas an indirect tax is always passed on to the consumer through the increase in the value of the product.

    Examples of direct taxes are: A sewer district or a new road construction within a special district, a levee construction for a water district and in California the people in that district have to vote on that tax.

    https://www.govtrack.us/congress/votes/37-1/s72

    Senate Vote #72 in 1861

    TO AMEND AN AMENDMENT TO H.R. 54 (12 STAT 292, APP. AUG. 5, 1861), AN ACT TO PROVIDE INCREASED REVENUE FROM IMPORTS TO PAY INTEREST ON THE PUBLIC DEBT, AND FOR OTHER PURPOSES; WHICH AMENDMENT PROPOSES TO ELIMINATE THE DUTY ON COFFEE. (P. 316-1).

    So important to do your own research.
    Ed Rivera, is correct on the Organic laws, They are found in the United States Code Annotated Constitution Article one ,Pages 1 through 21, unfortunately this is not online, you have to go to a law library, Wests’ California Codes Annotated also has the same references.
    Greg

  7. ~here I go again with apologies for not replying sooner. The majority of comments simply do not download to me in my email. Here’s my email address: queenoftheforrest@netzero.net if I don’t reply at least within a day or two, please send your comments to me directly.

    There’s more than one way to skin a hide. For one, if you’ll check manta.com you’ll find that the Tax Collector is a privately held company. One must ask – how then would a ‘private’ company lawfully send property tax bill$ into the public realm (of the people)?
    The property tax bill has the corporation’s employee’s ALL CAPS NAME on it. It is Not addressed to you-the living. Why open it? Mark it “Return to Sender” “No Person here by that NAME.” On the back: “Return for Mail Fraud.” Using the United States Postal Service to extort revenue from the people to be used for “investments” by an assumed Public Government that is a operating as a corporation listed as a privately held company – is insanity in the extreme.

    Second, Codes are copyrighted – meaning that whenever those who serve the dark side write the ALL CAPS NAME account title of a corporate governmental-owned Estate –they are not only using THE NAME in commerce without evidence for their claim -or your permission to use it in commerce, but mainly they are attempting to ‘charge’ you for infringing on a copyright (Code).

    Third, revenue codes begin with: “No person shall. . .” We all know, or should know by now, the definition of the word ‘person.’ Are you a person or one of the people? Their ‘presumption’ is that you are a U.S. citizen employed by the U.S. corporation and working your entire life to pay U.S. Inc’s debt to the banksters.

    In digging a little deeper (county structure and powers website), and seeing how 44 of the 58 not-chartered counties in California operate, it’s no wonder we have an indiscernible out-of-control mess on our hands. “The Board of Supervisors –unlike the separation of powers that characterizes the federal and state governments, is both the legislative and executive authority of the county. It also has quasi-judicial authorities. A county has the power to sue and be sued, purchase and hold land, manage or dispose of its properties, and levy tax authorized by law.” On the Sec. of State’s website is the one document of incorporation of Humboldt -HUMBOLDT COUNTY PUBLIC PROPERTY LEASING CORPORATION, Date 12-11-1985, Type: Domestic Nonprofit. (Ha). Agent for Service of Process- John Bartholomew (the Tax Collector/Treasurer). “Controls all county property, and appropriates and spends money on programs that meet county residents needs.” So there you have it, “the County” leases from itself. The Supes. and their followers, repeat the words: “Public Safety,” “Education” and “Mental Health,” but the FACT remains, Public Safety, Education, Mental Health and the homeless people are NOT on their job description list.

    Humboldt’s communist BAR members in the County Counsel (of 18) frequent the Probate Court to be appointed as Administrators of the Estates of the deceased. The property is then owned by “The County” and set-up as a lease for an office, to provide space for the growing number of governMental employees, so they can have staph write more ordinances that simultaneously turn into codes to increase revenue, that is not listed on the “BUDGET,” so the sleeple can be deafened with a bi-weekly chant of “Not enough revenue to cover expenses.”

    From the 1906 Supreme Court ruling of Hale v. Henkel “ . . .the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. Its powers are limited by law. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation.” Investing millions of the people’s public treasury was never meant to be a part of government. Taxation can only be applied per capita, the amount that it takes to run a ‘lawful’ government. Corporations are anti-American.

    An ‘Ordinance’ can only be enforced on property owned by the city or county – Not on private property. Hence, the BIG ORDEAL now happening in Humboldt County over a Commercial Medical Marijuana Land (use) Ordinance has brought about my litigation.

    So, I’m not trying to ‘get off’ any of Fiction’s adhesion contracts with the living. What they need to show me is evidence for THEIR claim to even consider that they have a right to tell me what to do –how to live my life. Government only exists for one lawful purpose – to protect man’s land and property.

    When pushed, they will say, “My hands are tied.” THEY are ONLY there to increase the digits on the bottom line of the corporation’s financial records PERIOD

    No oath, no bond, no license=no authority, no jurisdiction, no right over any one else. Equal means equal.

    If we don’t call them, there’s absolutely no reason to interact with them –EVER! Unless you’re suing and filing claims on everything they own. 🙂

    I’ll add my Public and Commercial Notice to the documents in here. Big thanks to Gary for the advice on where to record.

  8. Can you be more specific about the State of California Chapter 293 law, it cannot be found with that information, thanks.

  9. The Torrens Land Act, Stat 1949, Chapter 293, Repealed.
    A remedy to a right can not be repealed.
    Greg
    Know the difference between Public and private, do a Google search for the Torrens Land Act, and know what it’s all about.

  10. Scott,

    The State of California (as opposed to the republic California State), Codes (labeled ‘law’) are all copyright and simply do not apply to the living. If you still want to pursue this, I’d suggest going to a law library and asking whoever is at the desk about it. Sorry I can’t be of more help in this direction. The de jure and the de facto are mixed together and has become more apparent to me.

    Gregg mentions the Torrens Land Act – this is when land ownership is
    transferred by registration of title instead of deeds. Thank you Gregg.

    Here is some information from a respected organization, with a ton of
    information.
    From the SEDM site: http://sedm.org/Forms/FormIndex.htm

  11. cliber55,

    If you’ll send me your email address I’ll pass along where you can record (much thanks to Gary for this) –and I’ll share how to go about writing your own Public Notice, because it’s something that you want to cover for you and your family –or more, depending on what you want to say.
    queenoftheforrest@netzero.net

    Here is some information from a respected organization, with a ton of
    information.
    From the SEDM site: http://sedm.org/Forms/FormIndex.htm

    See 2.2. Changing your Citizenship and Domicile with State and Federal
    Government. Why you are a national or a state national and not a U.S.
    citizen: FORM #05.006

  12. Is there any update about Cheryl in Michigan…I too am in Mich and working the journey to get my private land removed from the tax rolls…would like to connect with anyone else in Mich on that journey….thanks grege

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