Can the Land Patent Help You Stop Property Tax Bills Lawfully?
The government gave away land as a benefit to the people and in accordance with the Constitution of America. But how it is in reality? Unfortunately, people know very little about either Land or their land rights today. Alan Kreglow tried to explain the whole concept of “land patents” and “property taxes” in his article entitled: Regain control of your land through a Land Patent process.
According to the History, the Treasury Department under President George Washington issued Land Patents granting absolute ownership of unclaimed lands within the states. That patent was a contract between somebody and the United States, which is superior to any other claim on the property. Alan Kreglow says, these Land Patents represented absolute ownership, including both appurtenant rights and hereditary rights:
1) the intangible Land (boundaries from center of the Earth out):
2) the tangible Real Estate (dirt, trees, etc.).
All together is known as “Allodial Title”.
Alan Kreglow claims that “Landowners” do NOT pay property tax. You pay, if you hold title by recorded deed. In this case you own “real estate” (appurtenances to the land), but in law, real estate is not “Land” (the boundaries themselves and all the empty space inside the boundaries). You are just a “tenant” on the land, not an owner, because the land patent is not accepted, what means that the OWNER of the land is missing.
To obtain the complete ownership you have to get “Perfected Title”. The land patent secures both your appurtenant rights and hereditary rights to both the tangible Real Estate and the intangible Land and give the possibility to legally require the county to take your property off the tax rolls.
If you get the paperwork straight, you will be the beneficiary of that superiority, thereby making you not have to pay property taxes and having it so no bank could foreclose on you.
The recent article written by Peter J. Reilly entitled: Do Land Patents Trump Property Taxes?, also touches upon the Land Patents issue and is less optimistic than the statements above.
Looking for cases where people tried to get out of paying property taxes by claiming they had federal land patents, Peter J. Reilly has found the following opinions:
Florida – Attorney General Loren E. Levy:
“Florida law does not provide an exemption from ad valorem taxation for privately-owned property which is the subject of a recorded Declaration of Land Patent.”
Arkansas – State Representative Cecile Bledsoe:
“In my opinion, the state can clearly impose property tax on government property that has been conveyed to a private party by land patent.”
Ohio – Callison v. Huelsman:
“There is no exemption from real estate taxes simply because the property sought to be taxed is located in an area which was once subject to a land grant from the United States to the state of Connecticut as part of its western reserve lands.”
“He declares he is a “holder of … legal titles, or Land Patents, of the above mentioned parcels” and “does not recognize any superior government to whom any ‘duty’ or ‘tax’ is due.”
Mr. Brase’s arguments before this Court are baseless and without merit. Mr. Brase’s arguments are not warranted by existing law and are frivolous.”
“…..the Petitioner’s property is subject to taxation without Petitioner’s consent, and without the spurious proofs sought by Petitioner. Neither Natrona County nor the State of Wyoming is obliged to have a contract with Petitioner by which he assents to the assessment and collection of ad valorem taxes. We also doubt whether Petitioner’s understanding of contracts in his sovereign capacity is sound in any respect”
As we see, there is much “food” for lawyers to “digest” in cases related to Land Patents.
To show how bad are our property taxes Forbes posted 10 Worst Property Taxes.
1. Nassau, New York – According to the nonpartisan Tax Foundation, the median property tax bill in Nassau is $8,478.
2. Hunterdon, New Jersey – $8,413.
3. Lake, Illinois – $6,169.
4. Fairfield, Connecticut – $6,076.
5. Rockingham, New Hampshire – $5,160.
6. Marin, California – $5,026.
7. Loundoun, Virginia – $4,848.
8. Bristol, Rhode Island – $4,374.
9. Collin, Texas – $4,227.
10. Middlesex, Massachusetts – $4,226.