Property Tax & Land Patents

PROPERTY TAX

(How to REALLY own your own property) DECLARATION OF LAND PATENT (Major portions of this discussion were developed by The Constitutional Law Research Trust in association with Citizens for Sovereignty)

The procedures here described are not time tested, as they have not worked their way through the U.S. supreme Court. This does not mean that these procedures will not ultimately be successful. Any basis for a legal approach must be supported by a legal theory. We already know and can substantiate that an original LAND PATENT will protect your land from any equitable or collateral attack. However, we do not know for certain that the existing procedures will vest in us the same rights and immunities by filing a DECLARATION OF LAND PATENT, and updating it in your name. However, since there is little to lose and possibly much to gain, it would be wise to file a DECLARATION OF LAND PATENT, in the future event that it is sustained.

The theory is based on two premises. First, in the original LAND PATENT that was granted, say 100 years ago, the LAND PATENT document itself says that this patent is granted to the original party AS WELL AS TO THEIR HEIRS AND ASSIGNS. While most of us are not heirs, ARE NOT WE ALL ASSIGNS?

Since land patents were originally issued, nearly all conveyances of title were done by the use of deeds, like Quit Claim Deeds and Warranty Deeds. However, the money lenders found a way around land patents by creating new paper instruments like deeds of trust and mortgages, all of which convey equitable interests. However, the LAND PATENT remains the highest title at law, and few persons have updated a LAND PATENT in their name. Where a LAND PATENT exists, no lien or mortgage could be ever placed on the land.

Historic evidence shows that our founding fathers wanted us to own the land in its entirety , and subject to the claims of no other man or government or other institution. Because the laws were passed by Congress setting up Land Offices to grant land patents, the best jurisdiction in which to raise these issues are the Federal Courts.

GETTING STARTED

Submit Declaration to the Bureau of Land Management, a division of the Department of Labor. Include payment of $20. DO NOT SEND CHECKS. Send Money Orders Only. Make payable to: Bureau of Land Management.

In the Declaration of LAND PATENT, we declare that we are the ASSIGNS of the original LAND PATENT, even though we may be 2nd, 3rd, 4th, etc., after the party to whom the original patent was issued.

The original Land Patents were generally for larger tracts of property than the property you now claim. Your parcel is a portion of the originally designated property .So, one major pitfall, that must be avoided, is that when filing the declaration of land patents, do not place the same legal description in the declarations that was in the original LAND PATENT issued by the Bureau of Land Management for the whole original property .What this does is cloud the title to the property of other persons who are living on properties that are part of the legal description of the original LAND PATENT .

To prevent this from happening, you must write in your Declaration of LAND PATENT only the legal description of the property to which you are an assignee. In other words, the legal description from your deed or abstract is what you must use.

A Declaration of Homestead should be attached to your Declaration of LAND PATENT , but the legal description in your Declaration of Homestead must be 160 acres or less to comply with Federal Law on filing Homesteads. A Declaration of Homestead can only be filed on property that you actually live on. A LAND P A TENT can only be filed on property that has been assigned to you. You don't file one on your neighbor's property or they can sue you for slandering his title.

Along with the declaration of LAND PATENT and the Declaration of Homestead is a certified copy of the original LAND PATENT which you can obtain from your nearest land office. These papers are all stapled together and filed in either your County Recorder's office or with the Register of Deeds.

HOW AND WHERE TO OBTAIN A CERTIFIED FEDERAL LAND PATENT (FLP)

FARM PROPERTY: Send a Certified Legal Description of your Property (from the County Treasurer or, Register of Deeds, and Town, Plat Map (from Register of Deeds or County Recorder) then circle your Property(s) on Plat Map(s). Your Property(s) may be in one or more Sections and/or Counties. (1 FLP per land Parcel) Be sure to request a CERTIFIED COPY of the FLP.

Record the FLP + Declaration of LAND PATENT + Deed. If desk clerk refuses to file, explain that this (the documents) is a "change in the deed." Clerk is bonded to perform "ministerial duties"... NOT "Judicial"

The Certified FLP supersedes ALL CLAIMS. Bank must prove Title to land. ALTA insures only "good title". Bank claims ceased March 3, 1893 - FOREVER BARRED.

All State Courts Lack Jurisdiction Over Federal Land Patents issued per TREATY LAW; Superior Status can NOT be overruled, even by the U.S. supreme Court!

CITY PROPERTY: Can also be "patented"...obtain Range and Township Numbers from City Engineer + total Certified Legal Description of lot/Property (obtain FLP as above)...Record with a Declaration of LAND P A TENT + Certified FLP + Declaration of Homestead attached and marked "Exhibit A & B"...on Declaration of LAND PATENT write: "Attached hereto are Exhibits A & B". Register of Deeds or County Recorder then Records in "Real Estate" file.

For more information and guidance, CONTACT: FAMILY FARM PRESERVATION, Box 2587, Hwy. M, Tigerton, Wis. 54486.

GIVING NOTICE

Giving notice is a basic principle of law. When the government land offices originally issued the land patents, they published the LAND PATENT with legal description for 60 days: when not challenged by anyone, the LAND PATENT was then granted.

After your LAND PATENT is filed, you must send a photocopy by Certified Mail Return Receipt Requested to your bank or mortgage company, FLB, FMRA, PCA, etc. and to any and all parties that may have an equitable interest in your property so that they have been placed on NOTICE that you are updating the LAND PATENT in your name and they will have 60 days to challenge your claim to your allodial title in a court of law or forever keep their silence. Be sure to keep your Certified Mail green postcards when they come back.

AN ALTERNATIVE WAY TO GIVE THE OTHER PARTY NOTICE IS TO PUBLISH A "NOTICE OF DECLARATION OF LAND PATENT" in a legal publication in your county of residence.

Include the legal description on your property in the ad with this warning:
"If any party having a claim, lien or debt or other equitable interest fails to file a suit in a court of law within 60 days from the date of filing or on (insert date), then they shall waive all future claims against this land and it will become the property and allodial freehold of the Assignee to said Patent. (your name -Assignee)"

QUESTIONS AND ANSWERS

Q: Why must we give the other side 'NOTICE'?

A: Giving NOTICE is a basic principle of common law and due process. If someone was
going to file a claim against property that you thought was yours, would you not want to be given NOTICE? if they fail to file a suit in court within the 60 days, the case is substantially weakened if they file it later. Also, filing the LAND PATENT is an excellent diversionary tactic, since the focus of the court battle shifts to who has the best title. Remember, you are an Assignee to that original patent, and your claim is valid. The U.S. Government signed a contract granting that LAND PATENT to the original party , their heirs or assigns. YOU ARE AN ASSIGN to all allodial title or freehold. The original contract does not specify any expiration date. it is still in force. If the original LAND PATENT is immune from equitable or collateral attack, then so is yours.

Q: Why send the Bureau of Land Management $20?

A. This is the approximate cost for most copies of the original land patents. This includes $4.25 for the patent plus a search fee. A copy of the County Plat Map where you circle the part you want them to find the patent on makes the search job easier. In your letter, be sure to ask for a Certified copy of the LAND PATENT. You should receive it in 4 to 6 weeks. (Note: if you need the LAND PATENT faster, like in a week or so, contact Luther Bartrug, 10226 Fenholloway Drive, Mechanicsville, Va. 23116. Phone (804)746-1074)

Q: Where can I obtain a brief on Land Patents?

A: Write to Acres US.A. Box 9547, Kansas City, Mo. 64133. Ask for the LAND PATENT Brief by S.J. Stewart. Cost is $25.

Q: Where can I find more case law on Land Patents?

A: At your local library at your courthouse or university .Look up the supreme Court Digests on Land Patents, also a set of books called 43 USCS 17. Also books on State Law Digests. Look under the section on Land Patents. There is also material in Bouvier's Law Dictionary .Also look under the term "Bureau of Land Management"

Q: Is there another way to update a LAND PATENT in my name other than filing a Declaration of LAND PATENT?

A: Yes. In some parts of the country, Court Clerks are refusing to file Declaration of Land Patents even though they will file a copy of the LAND PATENT itself. Here is what you do. First, file the Certified Copy of the Land Patents by itself. Then fill out a Quit Claim Deed (available from local book stores or Title Companies) and name yourself as the first and the second party in the deed. After filling in the legal description of your property, add the following language in the Quit Claim Deed: "The first party to this deed, (name) grants and deeds to the second party (name), with all rights, privileges and immunities, LAND PATENT #-per the above legal description and updates the LAND PATENT in the second party(s) name and to his heirs and assigns forever." (Note: a variation of the above when two people own a property is for one to file. ..the LAND PATENT and then file a Quit Claim Deed and assign the LAND PATENT to the second party .)

Example: A wife filing a Quit Claim Deed to her husband and in it assigning her interest in the LAND PATENT to her husband. Once this is filed, the LAND PATENT is updated in her husband's name.

PROCEDURE TO FOLLOW IN THE ENFORCEMENT OF A UNITED STATES LAND PATENT OR LAND GRANT

If anyone attempts to foreclose on your property, here are the instructions to give the Sheriff, Judge, County Attorney and Bidders on your property:

Present all concerned parties with a copy of your Certified LAND PATENT and Declaration of LAND PATENT .

The LAND PATENT , issued by the Bureau of Land Management, Department of the Interior, of the united States Government; is the highest and best Title at Law. The holder of a Declaration of LAND PATENT , as an Assign, is the absolute owner of the property as described on that Patent. No court in the united States can change a Declaration of LAND PATENT, without the express permission of the holder of that patent. A Declaration of LAND PATENT being the highest Title at Law is superior to any other type of deed. This Includes a "Warranty Deed" and "Sheriffs Deed". Once a Declaration of LAND PATENT is in place and duly recorded it cannot be removed.

The only authority responsible to the holder of a Declaration of LAND PATENT is the united States Government. A Patent cannot be violated or transferred without the permission of the Assign. Enforcement of a Patent must come from the united States Government, usually instigated by the holder .

3. Should a Declaration of LAND PATENT be violated. It is the responsibility of the Assigns to file charges with the Justice Department of the united States Government. Specifically, the Attorney General. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. This being in violation of a united States (Federal) patent.

4. The Sheriff should be notified before the sale, but near the time the sale is to start. He must notify each and every bidder of the following:

A. The Declaration of LAND PATENT is the Highest and Best Title at Law.

B. Once this sale is complete, the property can never be resold.

C. A Warranty Deed, can never be drafted on this property. The buyer or successful bidder of the property will not be able to borrow or get a mortgage against the land.

D. Title insurance cannot be obtained for this property .

E. The Declaration of LAND PATENT "CLOUDS" title to the land forever.

F. The successful bidder of the property will not get possession of the property.

G. The Declaration of LAND PATENT stops ejectment.

H. A "Sheriffs Deed" or other type of document transfer shall be proof of fraud. The notification that a Patent exists before the transfer shall be sufficient for this charge.

I. Criminal Trespass, Civil and charges for Fraud will be filed against the successful bidder and all those who took a part in the forced transfer of the property .The notification that a Patent existed before the transfer shall be sufficient for the charges stated.

J. Obtain a certified copy. of the "Deed of Transfer" or "Sheriffs Deed." Proof of the charges stated will be necessary for the Attorney General.

K. Mortgage or lending institutions may bid the existing mortgage or lien. This shall not be sufficient notice for fraud. The transfer of the property to a second person or persons in the form of that stated above is what will be necessary to obtain. Bidding of mortgage or lien is not sufficient and cannot cancel a DECLARATION of LAND PATENT. While a "No Bid" is better for a lending concern, to bid the existing lien is a formality, and is not powerful enough to overcome a Patent.

L. The holder has a LAND PATENT, which has been certified. The filing of a DECLARATION of LAND PATENT shall present to the holder all of the rights and privileges forever. This is stated on the front of the Certified copy of the LAND PATENT, which was obtained through the Bureau of Land Management, Department of the Interior of the united States of America.

U.S. DEPARTMENT OF THE INTERIOR REGIONAL OFFICES

Here are the offices that can issue a LAND PATENT if provided with the legal description of your property .

ALASKA:
united States Department of the Interior Bureau of Land Management
Anchorage Federal Office Building 701"C" Street Box 13, Anchorage, Alaska 99513

CALIFORNIA:
united States Department of the Interior Bureau of land Management Federal Office Building
2800 Cottage Way, Rm. E-2841 Sacramento, California 95825

IDAHO:
united States Department of the Interior Bureau of Land Management Federal Building
550 West Fort Street, PO Box 042 Boise, Idaho 83724

NEVADA:
united States Department of the Interior Bureau of Land Management Federal Building, Rrn 3008
300 Booth Street, PO Box 12000 Reno, Nevada 89520

ARIZONA:
united States Department of the Interior
Bureau of Land Management 3707 N. 7th. Street P.O. Box 16563, Phoenix, Arizona 85011

COLORADO (KANSAS): united States Department of the Interior
Bureau of Land Management 1037 20th Street, Denver, Colorado 80202

MONTANA(N.DAKOTA,S.DAKOTA): united States Department of the Interior
Bureau of Land Management Granite Tower
222 North 32nd Street P.O.Box 30157, Billings, Montana 59107

NEW MEXICO (OKLAHOMA): united States Department of the Interior
Bureau of Land Management Joseph M. Montoya Federal Bldg.

South Federal Place P.O.Box 1449 Santa Fe, New Mexico 87501

OREGON (WASHINGTON) UTAH:
united States Department of the Interior Department Bureau of Land Management
825 N.E. Multnomah Street PO Box 2965 Portland, Oregon, 97208

united States Department of the Interior Department Bureau of Land Management
University Club Building, 136 East South Temple, Salt Lake City, Utah, 84111

WYOMING (NEBRASKA)
united States Department of the Interior Bureau of Land Management
2515 Warren Avenue, PO Box 1828 Cheyenne, Wyoming, 82003

ALL OTHER STATES united States Department of the Interior
Bureau of Land Management Eastern States Office
7450 Boston Boulevard Springfield, Virginia 22153

THE united States Of America A Republic Under God

To all to whom these presents shall come, Greeting:
LAND PATENTS, EJECTMENTS, AND ESTOPPEL

1. "In case of ejectment, where the question is who has the legal title, the
patent of the governrnent is unassailable." Sanford v. Sanford, 139 US 642.

2. "The transfer of legal title (patent) to public domain gives the transferee the right to possess and enjoy the land transferred." Gibson v. Chouteau, 80 US 92.

3. " A patent for land is the highest evidence of title and is conclusive as against the government and all claiming under junior patents or titles." united States v. Stone, 2 US 525.

4. "The presumption being that it (patent) is valid and passes the legal title." Minter v. Crommelin, 18 US 87.

5. "Estoppal has been sustained as against a municipal corporation (county)." Beadle v. Smyser, 209 US 393.

6. " A court of law will not uphold or enforce an equitable title to land as a defense to an action of ejectment." Johnson v Christian, 128 US 374: Doe v. Aiken,31FED. 393.

7. "When Congress has prescribed the conditions upon which portions of the public domain may be alienated (to convey, to transfer), and has provided that upon the fulfillment of the conditions the united States shall issue a patent to the purchaser, then such land is not taxable by a state." Sargent v. Herrick & Stevens, 221 US 404: Northern P.R. Co. v. Trail County , 115 US 600.

8. "The patent alone passes land from the united States to the grantee and nothing passes a perfect title to public lands but a patent." Wilcox v. Jackson, 13 Peter US 498.

9. Patents and other evidences of title from the united States government are not controlled by state recording laws and shall be effective, as against subsequent purchasers, only from the time of their record in the county." Lomax v. Pickeriniz, 173 US 26.

10. "In federal courts the patent is held to be the foundation of title at law." Fenn v. Holmes, 21 Howard 481.

11. "Congress has the sole power to declare the dignity and effect of titles emanating from the united States and the whole legislation of the government in reference to the public lands, declare the patent to be the superior and conclusive evidence of the legal title. Until it issues, the fee is in the government, which by the patent passes to the grantee, and he is entitled to enforce the possession in ejectment. " Bagnell v. Broderick. 13 Peter US 436.

12. "In ejectment the legal title must prevail, and a patent of the united States to public lands pass that title; it can not be assailed collaterally on the ground that false and perjured testimony was used to secure it." Steel v. St. Louis Smelting and Refining Co., 106 US 4 17.

13. " A patent certificate, or patent issued, or confirmation made to an original grantee or his legal representatives of the grantee or assignee by contract, as we)) as by law." Hogan v. Pace, 69 US 605.

14. "In federal courts, the rule that ejectment cannot be maintained on a mere equitable title is strictly enforced, so that ejectment cannot be maintained on a mere entry made with a register and receiver, but only on the patent, since the certificates of. the officers of the land department vest in the locator only equitable title. This rule prevails in the federal courts even when the statute of the state in which the suit is brought provides that a receipt from the local land office is sufficient proof of title to support the action." Langdon v. Sherwood, 124 U.S. 74: Carter v. Ruddy, 166 US 493.

15. "The plaintiff in ejectment must in all cases prove the legal title to the premises in himself, at the time of the demise laid in the declaration, and evidence of an equitable title will not be sufficient for a recovery .The practice of allowing ejectments to be maintained in state courts upon equitable titles cannot effect the jurisdiction of the courts of the united States." Fenn v. Holme, 21 Howard 481.

16. "Under USA Constitution, Article 4, section 3, clause 2, Congress, in exercise of its discretion in disposal of public lands, had power, by this section, to restrict alienation of homestead lands after conveyance by united States in fee simple, by providing no such lands shall become liable to satisfaction of debts cont!acted prior to issuance of patent." Ruddy v . Rossi, (1918) 248 US 104.

17. "Patents are tied to the Bible, in Genesis 47 by way of the word assigned in italicized print. Also note in later verses the beginning of sharecropping." BC 170 I.

18. "The right to the ownership of property and to contract with respect of its use is unalienable." Golding v Schubac, 93 U.S. 32: Seville v. C I, 46 US 495.

19. "Parties in possession of real property have the right to stand on their possessions until compelled to yield to the rule title determined by trial by jury." 47 Am. Jur. 2d 45.

20. "Giving a note does not constitute payment. " Echart v. Commissioners, C.C.A. 42 F2d 158; 283 US 140.

21. "Actual or threatened exercise of power over the property of another is coercion and duress which will render the payment involuntary ." Cleveland v. Smith, 132 US 318.

22. "Property value means the price the property will command in the market, or its equivalent in lawful money." People v. Hines, 89 P. 858, 5 Cal. App. 122

23. "Neither a town nor its officers have any right to appropriate or interfere with private property." Mitchell v. City of Rockland, 45 Me. 496.

24. "A state may provide for the collection of taxes in gold and silver only." State Treasurer v. Wright, 28111. 509: Whitaker v. Haley,2 Ore. 128.

25. "Taxes lawfully assessed, are collectible by agents in money and notes cannot be accepted in payment." Town of Frankfort v. Waldo, 128 Me. I.

26. "There must be strict compliance with statutory requirements to divest property owners of their property titles for non payment of taxes." McCarthy v. Greenlawn Cem., 158 Me. 388.

27. "At common law there was no tax lien." Cassidy v. Aroostook, 134 Me. 34.

28. "A tax on real estate to one not the owner is not valid." Barker v. Blake, 36 Me. I.

IN CONCLUSION

To summarize the message in this program, the greatest supreme Court Justice of all time, Chief Justice John Marshall, put it very succinctly in his ruling in the case of McCullogh v. Maryland in 1819. He said:

"The power to tax involves the power to destroy."

Listen to the words of John F. Kennedy. This is what he said at his inauguration as President in January, 1961:

"In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility -I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavor will light our country and all who serve it --and the glow from that fire can truly light the world."

Remember what the Highest Court in the land has stated: "Those that sleep on their rights, do not have any."

HAVING AN EXPERT OBTAIN THE LAND PATENT FOR YOU

If the procedure seems a little arduous, you can have the Land Patent procured for you.

Contact:

Luther Bartrug 10226 Fenholloway Drive Mechanicsville, Virginia Postal Code 23116 Phone 1-804-746-1074

For a reasonable fee (about $100 when we last checked). Mr. Bartrug can do it for you.

TO DISCHARGE UNLA WFUL PROPERTY TAXES

To discharge an unlawful property tax some patriots have chosen to print the following information in the newspaper for three consecutive days. To give this Notice, and in order to prevent any governmental agency from misconstruing said information, some people have even gone so far as to POST A SIGN containing the following information on their property .

"This property, and all related instruments are held by -(name)- pursuant to ALL explicit reservation of rights. II --U.C.C. Sections 1-207 and 3-601.3

If necessary, you could even make the following amendment (under your signature) to a property deed that is filed in city hall:

"Signed pursuant to PRIOR Reservations of Rights, U. C. C. J -207."

An UNSUBSTANTIATED or UNVALIDATED property tax bill, traffic ticket, or income tax demand is nothing more than a PRESENTMENT; a presentment that is sent to you for your consideration. Once you learn the proper procedure, per the Uniform Commercial Code, you can DISHONOR and DISCHARGE this invalid "bill." How can you be guilty of a demand for money?

You have THREE (3) days to revoke or deny the presumed liability via a NOTICE OF DISHONOR. If you fail to dishonor this presentment you ACCEPT it and become liable for the fine.

(Refer to U.C.C. 3-501 regarding a PRESENTMENT and demand for payment) (Refer to U.C.C. 3-305 regarding FAILURE TO DISHONOR.)