Quote:
Originally Posted by nvxplorer
... but the presence of taxes does not mean there is no private property.
|
Check your state's constitution for the power to tax. You will be surprised to find that only estate is listed. And if private property is mentioned, it will only be in reference to being protected.
From the Texas Constitution:
Quote:
ARTICLE 8 - TAXATION AND REVENUE
Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION TO
VALUE; TAXATION OF TANGIBLE AND INTANGIBLE PROPERTY;
OCCUPATION TAXES; INCOME TAX; EXEMPTION OF HOUSEHOLD GOODS.
(a) Taxation shall be equal and uniform.
(b) All real property and tangible personal property in this State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law.
|
The Texas constitution states that all real and personal property is subject to their taxing power.
PROPERTY TAX - An ad valorem tax, usually levied by a city or county, on the value of
real or personal property that the taxpayer owns on a specified date.
Black's Law Dictionary, Sixth ed., p.1218
NOTE: Taxing power limited to real and personal property.
"REAL ESTATE .... is synonymous with
real property"
Black's Law dictionary, sixth ed., From p.1263
"REAL PROPERTY ... A general term for lands, tenements, heriditaments; which on the death of the owner intestate, passes to his heir."
Black's Law dictionary, sixth ed., p.1218
"ESTATE - The degree, quantity, nature and extent of interest which a person has in
real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein."
Black's Law dictionary, sixth ed., p.547
Real property = real estate = estate
Now, let us learn about ownership.
"OWNERSHIP - ... Ownership of property is either
absolute or
qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted."
- - -Black's Law dictionary, sixth ed., p. 1106
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
Do you note that estate is temporary or limited (qualified) ownership of land? Good.
Now, let us see the LEGAL definition for private property.
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
Land that is absolutely owned by an individual is private property.
Land that is held with qualified ownership is estate.
Back to the Texas Constitution:
Quote:
Article 11- Sec.12, Texas Constitution
Sec. 12. EXPENDITURES FOR RELOCATION OR REPLACEMENT OF
SANITATION SEWER OR WATER LATERALS ON PRIVATE PROPERTY.
The legislature by general law may authorize a city or town to expend public funds for the relocation or replacement of sanitation sewer laterals or water laterals on PRIVATE PROPERTY if the relocation or replacement is done in conjunction with or immediately following the replacement or relocation of sanitation sewer mains or water mains serving the property. The law must authorize the city or town to affix, with the CONSENT OF THE OWNER of the PRIVATE PROPERTY, a lien on the property for the cost of relocating or replacing the laterals on the property and must provide that the cost shall be assessed against the property with repayment by the property owner to be amortized over a period not to exceed five years at a rate of interest to be set as provided by the law. The lien may not be enforced until after five years have expired since the date the lien was affixed.
|
Note: the government cannot affix a lien, to compel payment, without
consent of the owner of private property. But if the property was estate, that lien would be slapped on it, faster than you can whistle "Dixie."
This information is in any county courthouse law library, open to the public.
Just say NO! to national socialism.