Your Property Is Not Your Own

November 12, 2013

Imagine a scenario where you purchase property, but you never really own it. This is because a “landlord” demands a fee, or he will take it from you. The “landlord” I’m referring to is our local governments, and this is how our property rights are set up in the land of the free. Once a property has been purchased, an individual should hold what is called an “allodial” title on the property. USLegal.com defines Allodial Land as the following:

“…Allodial land is not subject to any rent, service, or acknowledgement to a superior. Most property ownership in the common law world is held in fee simple. Fee simple ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police power, and escheat and could also be limited by certain encumbrances or a condition in the deed. Allodial title is often reserved for governments.”

I think we can all agree that the government should never be able to take our property by taxation. I am opposed to the use of eminent domain in most scenarios; however, that is beyond the scope of this writing. I am also personally opposed to public “government” schools; however, I can tolerate them. What I cannot tolerate is how we fund them; I take issue with making someone a “lifetime tenant” on their own property. With that said, I would like to propose a consumption/sales tax as an alternative to this oppressive system that we currently have. The idea that a man or woman’s property can be taxed and even taken by the government is diametrically opposed to everything the Founders believed in. In his book The Law, Frenchman Frederic Bastiat clearly defines his view of the proper role of government:

“Each of us has a natural right – from God – to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties?”

Also, consider the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

How can one be secure in his own person [and home] when, if he becomes unable to pay his property tax, he could be homeless and on the street?

Some will argue that paying property taxes is just the way it is and it is the law. In comparison, slavery was once legal; however, today you would be hard-pressed to find someone who would defend it. It is important to remember that the legalization of an unjust practice does not make it right.

~Jeremiah Tant


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