Oct
7
REAL PROPERTY ASSESSOR AND PROPERTY TAX COLLECTOR¾WIELDERS OF GOVERNMENT POWERS OR PAPER SHUFFLERS?
Filed Under Adoption, CONSTITUTION, Foreclosure, Fourteenth Amendment, Property Taxes, Territorial Jurisdiction
If you have a note and mortgage or trust deed and lien on your home, there is a 50% chance that you are “upside down” or “underwater” with respect to your equity in your home.
Half of you owe more than your house is worth, yet you will still be expected to pay property taxes. If the prospect of paying property taxes for steadily deteriorating public services, weren’t enough to cause you to give up completely there is the looming prospect of an increase in the interest rate you must pay on your home loan.
Do not despair. The end of this world approaches and a better new one is coming.
The literal world is coming to an end and a world that does not depend on the written word will replace it.
Long before the second section of the Fourteenth Amendment was claimed to have amended Article I Section 2 Clause 3, that section and clause of the Constitution of September 17, 1787 was the fallback source of a State’s power to make laws and impose direct taxes on property located within each of the States that had ratified this Constitution. Your State imposes property taxes on the land you own and the home on that land which are the improvements to that land based on a statement in that State’s constitution that all property with certain exceptions is taxable. That statement in the constitution is based on the Constitution of the United States and nothing else.
Article I Section 2 Clause 3 is authority to impose direct taxes on property other than real property:
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound t to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The States of the second more perfect Union are comprised of territory owned by and ceded to the United States of America. These States cannot, according to Article IV of the Northwest Ordinance of July 13, 1787, impose taxes “on lands the property of the United States.”
You can confirm that your State has no authority to impose a property tax on your land and any improvements to that land by asking the property tax assessor and property tax collector in “your” county for proof of their authority to assess and to collect taxes.
When gold and silver was the coin of the realm, tax collectors had to be bonded, so that the government was protected from an absconding collector. Property tax collectors are not required to be bonded, because property taxes are paid voluntarily with fiat currency. Sure, a property tax bill is sent out, but that was done at your request. Somewhere on the deed to your property will appear the request to send the property tax bill to you.
To learn all the laws about direct taxes, real property taxes and government enroll as a student by contacting me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
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