SCOTUS Opinion Shuts Down Land Patent and Allodial Title Freaks

To all Land Patent freaks thinking you don’t have to pay state or county property tax for land to which you have some kind of allodial or patent title:

ONLY the state constitution and laws provide you with exemptions from property taxation, and none that I know of grant any exemptions for allodial title or land patent once issued by the US government. Once the US Government releases land within the boundaries of a state to the public, state taxes apply according to law. Here is your proof, from the US Supreme Court (see the entire opinion attached).

“We hold the true principle to be this — that whenever the question in any court, state or federal, is whether a title to land which had once been the property of the United States has passed, that question must be resolved by the laws of the United States; but that whenever, according to those laws, the title shall have passed, then that property, like all other property in the state, is subject to state legislation so far as that legislation is consistent with the admission that the title passed and vested according to the laws of the United States.” Wilcox v Jackson 38 U.S. 498, 517, SCOTUS

Numerous state courts have asserted the text quoted above in their holdings.

So, Land Patent and Allodial Title Freaks, please skulk home with your patriot myths and go silent on this subject forever. Stop hawking your bullshouts to ignorant people seeking to avoid property tax. You will only cost them more money in the end as they pay for your nonsensical advice and fight tax collectors over rights they don’t have. If you want to refer them to something, give them the above court case AND your state Constitution’s provisions on taxes and exemptions. For example, look here for those from Florida.

FYI, I have provide the above comments and case law to debunk the ridiculous assertions below.

On 2014-09-24 16:46, someone wrote:

 DO YOU REALLY OWN YOUR PRIVATE LAND? The foundation of this nation was private land ownership. That's why the settlers came here. To insure private ownership of land, the nation's founding fathers made it unlawful for government to own land except for the ten square miles of Washington D.C., and such as may be needed for erection of forts, arsenals, dockyards, and other needed buildings. (The Constitution). ...A Land Patent is permanent and cannot be changed by the government after its issuance. "Where the United States has parted with title by a patent legally issued and upon surveys made by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes." Cage v. Danks, 13 La.Ann 128. In the history of this county, no Land Patent has ever lost an appellate review in the courts. As a matter of fact, in Summa Corp. v California, 466 US 198, the Supreme Court ruled forever that the Land Patent would always win over any other form of title. In that case, the land in question was tidewater land and California's claim was based on California's constitutional right to all tidewater lands. The patent stood supreme even against California's Constitution... 

Wilcox v Jackson 38 US 498 – land taxable by state after patent issued.pdf


Author: Bob Hurt

See Consumer advocate helping borrowers in foreclosure save their homes and obtain compensation for their injuries.

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