Avoiding Property Tax
By: Scott Pankow
-Avoiding Property tax-
Most Americans accept paying property tax as a way of life. However most people are unaware of how property tax is assessed in the first place. Like all taxes in this country, property tax is not a mandatory tax. Let's discover why we pay this tax and then choose to pay it or not. Once you know the truth, you may wish to avoid this tax.
Some argue that property tax goes to support education. If you don't pay property tax you don't care about educating our children. This is the cry of all good socialists, the enemies of our federal republic, limited government and our natural rights.
Researching our Department of Education reveals that the United States bases it's system on the Soviet education system. A senior member of Ronald Reagan's Department of Education proved as much. This courageous woman secretly removed documents from the Department, then exposed the truth for all to know.
“But property tax supports education. If you don't pay it then you are anti-education.” Really? We spend more per student on education than any other country in the world yet our students rank from 13th to 27th in achievement among nations. Money is not the answer. Worse yet, our education system fails to teach proper civics and US history [and leaves out American History entirely]. It molds young minds to be ashamed of their country rather than to be proud patriots. The system is designed to quash real thinking, making them into docile obedient slaves for the work force. Paying property taxes guarantees that the system will continue to provide bad service contrary to the best interest of We The People. Educational outcomes are destructive of our national interests. Cut off funding and it will starve and cease operations. Money is needlessly wasted fueling this destructive department..
Let's address taxes in general. 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. 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 wants to raise $500 Million for the “war effort.” Say also that California has 10% of the population. California then gets a bill for $50 million dollars. Now, let's say California has 25 million people. Each will pay $2.00. That's how apportionment works. It does not consider anyone's income or wealth. It is completely fair and equitable. Also, an apportioned tax must be repealed within 2 years of it's 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 taxable activity or don't purchase the taxible item. Lawfully avoiding indirect taxes is easy.
America was established so that citizens need never pay any tax unless they wished to do so.
So, which tax is Property tax? You can't be taxed on property you own therefore it is not a direct 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 their property with the County Recorder. You can confirm this with your recorder or County council. 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 as in a “warranty deed.”
Further, your property tax is based on a commercial classification fraudulently assigned to your real property. I guarantee your property has been classified as either agricultural, industrial or residential. Each of these is commercial in nature. Note that the legal definition of “resident” is, a class of government official. A residential house is therefore one in which a government official lives.
There are three ways to opt out of property taxes: 1) obtain an allodial title, 2) un-record your property or 3) have your real property re-classified as private.
Step 1) 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 for use in environmental or biosphere purposes, are illegal. The land has been stolen from it's rightful owners.
If you can obtain an allodial title to your real property you will have affectively created an envelope in which you reign supreme. For example a King has allodial title to the castle and the kingdom. No zoning ordinances, easements, bureaucratic regulations, municipal, state or federal law have any affect 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.
The government does not want you to obtain allodial title to your property and they will 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, no lien or attachment can exist. *(see page 6)
Second, go to the County Recorder and do a title search. Do not use an attorney 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 and 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 attached, normally about seven times the annual property tax, and the holder of the debt, and then pay it off. *(see page 6)
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 DC. Be prepared for clerks who do not know what you are talking about. Ask for supervisors until you get someone who can help you.
Step 2) 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 on using government services like the County recorder to which you are not entitled nor mandated. The process involves transferring ownership of the property to a third party, notifying the County recorder that a transfer has been completed. After a reasonable amount of time has passed, have the property transferred back to your name. If done correctly the property is no longer recorded and there will be no further tax assessments.
Here is an example of this method. A man in Massachusetts had 160 acres and wanted to give 2 acres 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 2 acres. Twelve and a half years passed. The son now wanted to borrow money on his 2 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 12 years went unassessed; no tax.
Step 3) The final method of opting out of property taxes is one which is less known and less often used. It involves the classification of the property on which the assessed tax is based. Recall that property which is taxed is always identified by 1 of 3 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 this statement you will find your property classified by one of the above commercial designations.
Write a registered letter, return receipt requested, to your tax assessor explaining you have discovered an error in your tax statement. Do not mention the tax itself, as the error relates only to the classification. Explain that your property has mistakenly been classified as ____________ (residential, industrial or agricultural) and ask that it be corrected 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” or “respectfully” etc. There is no reason to be confrontational at this point.
If the Assesser 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 a discussion as to why not. Ask whether you have the right to own private property. He/she will say yes, of course. Ask why then the refusesal to classify it as private property. He/she will either explain to you that the county cannot tax property unless it is classified pursuant to constitutional limitations i.e. residential, agricultural or industrial, OR he/she will reveal to you that you do not really own the property in which case he/she 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 15 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 seldom 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.
Back to Allodial: Here's a 10 step tutorial on how to obtain allodial title for your property.
1. Get 3 certified copies of the original land Patent and 1 certified copy of record of government survey (if available) for the legal description of your property. Request and pay for “best copy available” from national archives. Expect to get it in 1 to 3 weeks.
2. Record one of these certified copies of the original 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 the property description (range #, Township #, section #, get quarter, section in metes and bounds).
4. Research the assignes, (i.e. heirs, owners) on the property back to the original issue of patent. Discover the chain of assigns pertinent to your portion of the land patent and attach 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 subdivide 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 Recorders office or with the bureau of records and conveyances of your common law court. Notarize or witness all documents. Do not send checks or Federal Reserve notes. Use lawful money, gold or silver because conveying title with negotiable instruments voids the allodial title.
7. After filing, send a copy by certified mail return receipt requested as a notice of Declaration of Land Patent to your bank or mortgage company and 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. They must be witnessed copies.
10. Any challenge to your claim to the allodial title must be made within 60 days or be forever silenced. An allodial title is the highest title to property.
* These 2 steps 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 And cannot require that which is impossible, especially when the problem is their fault. So if you wish to pursue 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. You may find an example of such an affidavit by researching case law on this subject.
** 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 3 parties, the husband, the wife and the state, the state being the primary party in the contract. Contact me for more information.
Adapted from various sources
by Scott Pankow 07/10/20
Additional reference: Https://www.1215.org/lawnotes/work-in-progress/landpatent/