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| | : The argument about "absolute ownership" is circular, and, in any event, contrary to the reality of property law. No ownership is "absolute." Much as it galls me, one's right to own property (in both Britain and the U.S.) is contingent upon the continued payment of property tax (in the case of real estate, anyway), avoiding illegal use of the property (in the case of personalty), and so forth. In short, you're venting about how you'd like things to be, rather than accurately describing how they really are. [[User:QBeam]] 5:32PM (EST) Nov. 27, 2007 | | : The argument about "absolute ownership" is circular, and, in any event, contrary to the reality of property law. No ownership is "absolute." Much as it galls me, one's right to own property (in both Britain and the U.S.) is contingent upon the continued payment of property tax (in the case of real estate, anyway), avoiding illegal use of the property (in the case of personalty), and so forth. In short, you're venting about how you'd like things to be, rather than accurately describing how they really are. [[User:QBeam]] 5:32PM (EST) Nov. 27, 2007 |
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| − | Your conclusions are not supported by the authorities cited herein.
| + | Joint ownership is recognized. But it is not recognized as ownership of private property. Therefore, your conclusions are not supported by the authorities cited herein. |
| − | : PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. - - - Black's Law dictionary, sixth ed., p.1217 | + | : PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs '''absolutely''' to an '''individual''', and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. - - - Black's Law dictionary, sixth ed., p.1217 |
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| − | First, do not assume European definitions of land ownership are in force and effect. Second, at the founding of the nation, the sovereignty of the people was recognized by the government. Third, sovereignty and property are inseparable. Fourth, there are NO tax levies on private property. All ad valorem taxes are levied on estate NOT private property. I challenge you to produce ONE constitutional clause that delegates the power to tax private property. Fifth, no state requires the recording of private property transactions. | + | First, do not assume European definitions of land ownership are in force and effect. European nations never recognized absolute ownership of property by commoners. Second, at the founding of the nation, the sovereignty of the people was recognized by the government. Third, sovereignty and property are inseparable. A sovereign without land has nothing to be sovereign over. Fourth, there are NO tax levies on private property. All ad valorem taxes are levied on estate NOT private property. I challenge you to produce ONE constitutional clause that delegates the power to tax private property in the U.S.A. Fifth, no state requires the recording of private property transactions. Only "real estate" transactions are recorded. |
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| | Assuming that "all land" is real estate is not supported by the legal definitions. | | Assuming that "all land" is real estate is not supported by the legal definitions. |
| | LAND. ... The land is one thing, and the estate in land is another thing, for an estate in land is a time in | | LAND. ... The land is one thing, and the estate in land is another thing, for an estate in land is a time in |
| | land or land for a time. - - -Black's Law dictionary, sixth ed., p.877 | | land or land for a time. - - -Black's Law dictionary, sixth ed., p.877 |
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| | + | Land can be absolutely owned as private property. |
| | + | OR |
| | + | Land can be held with qualified ownership as estate (real estate aka real property). |
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| | Failure to recognize the difference leads you to make erroneous conclusions. | | Failure to recognize the difference leads you to make erroneous conclusions. |