Understanding how they work
There has been much talked about in relation to Land Patents lately. As far as most of that talk goes I am glad people are talking about them — It is about time. The problem with patents is the people are typically ignorant of them and of their effect.
Some say, “The only bad news is no news.”
It seems that most of the people in our nation today either have no idea what a Land Patent is, or they think itís a good way to swindle, or otherwise avoid paying, a bank or tax collector some amount of funds. The simple truth is, a land patent does not eliminate your ability to otherwise contract and secure the property that sits upon the land to others as collateral against your promise to pay. People also think they own their land because they paid for it and they have a Warranty DeedHowever, often that is not enough.
Though it is true, “Land, protected by Land Patent, canít lawfully be seized for debt or taxes”, you must understand what ‘Land’ is before you will understand this rule of law correctly. Accordingly, in law, no forced mortgage or tax liability can stand against a Land Patent; but, by the same token, the land patent does not eliminate your private ability to contract. Further, knowingly entering into an agreement with the intent of not fulfilling said agreement constitutes fraud; not to mention, the honor bound moral responsibility that limits people from hiding from their agreements or obligations by any means. An honorable person simply will not do it.
Furthermore, hiding from nearly any kind of situation is likely not the best way to go and Team Law can likely help you discover far better ways to solve any legal problem equitably ó call us.
Historically, we live in a nation that has not had elections in its central government since before 1944. The States individually stopped electing government officials at least by 1968. The main cause of that was electors were either ignorant of their responsibilities or part of the national takeover. The main cause of that was the people forgot about their abstracts and Land Patents and accepted Title Insurance instead. (An abstract is a document that contains all of the transfer documents used to assign Title to Land from the Patent to the present.)
Some ignorant people will tell you, "land patents donít work." What that means is they donít know how land ownership works. They speak from their ignorance.
For those who have tried land patents unsuccessfully, the cause of their lack of success is ignorance. Itís time to put that ignorance to rest.
Think about it.
Where did the land within the United States of America come from?
It came from: England, France, Spain, Mexico, Russia, Hawaii, and from the Native American Indians.
How did the United States acquire the land?
By purchase like with Manhattan Island, the Louisiana Purchase, and Alaska;
By war power like with, Hawaii and much of the Native American Indian lands;
By Treaty like, The Northwest Territories Treaty, The Guadeloupe Hidalgo Treaty; and
By treaty as the end result of war like the Revolutionary War for independence from England.
The end result ó regardless of how the land was acquired ó a Treaty was ultimately designed whereby the land was resolved and reserved for the proper possession and individual ownership of the people of the United States of America. Security in land rights was, and is, found within the Treaty.
Once land was acquired in the nation it was held by the United States until someone proved their claim to it. Once the land was properly claimed and filed, the General Land Office certified that the surveys were paid for. According to the various land acts of Congress, the land was then made patent under the signature and seal of the President of the United States of America.
When a State enters the Union of the United States of America, an Enabling Act is agreed to. The Enabling Act requires that all of the unappropriated (unpatented) lands be forever granted to the Union for its disposition. For example, here is an "irrevocable ordinance" from Coloradoís Enabling Act:
"That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States".
Without such transfer of control over the right and title to the land, there
would be no effective authority in
a land patent sealed under the signature of the President. For example, with few exceptions, U. S. of A. land patents have no authority in the Republic of Texas because Texas never ceded its lands to the United States. Once the land is placed in trust under the sole disposition of the United States government it stands there until someone makes a proper claim for it and because the Constitution forbids the United States from owning it, they must grant it to the person that proves their proper claim to it; that is when the land is granted to the proper claimant and that grant is made patent under the hand and seal of the President.
Notice the net effect of these Enabling Acts in relation to state taxes and state statutes:
ĎAfter exclusive jurisdiction over lands within a State have been ceded to the United States, private property located thereon is not subject to taxation by the State, nor can state statutes enacted subsequent to the transfer have any operation therein.í Surplus Trading Company v. Cook, 281 U.S. 647; Western Union Telegraph Co. v. Chiles, 214 U.S. 274; Arlington Hotel v. Fant, 278 U.S. 439; Pacific Coast Dairy v. Department of Agriculture, 318 U.S. 285
Every State within the Union of States (with the exception of the Republic of Texas) granted their unappropriated lands to the United States as a condition of statehood. Then as people acquired land, under various acts of Congress the President signed the patents securing the patented rights to the patent holders and their heirs and assigns forever.
There are many more cases where the United States Supreme Court has supported the fact that the Land Patent certifies absolute and supreme title to land. There are no cases where the courts ever ruled against the properly obtained Land Patent.
Summa Corp. v California, 466 US 198, is not listed above, yet it is one of the best cases describing how land patents work. In that 1980ís case the court noted that they had ruled and ruled and ruled and they were not going to rule again, the Land Patent is supreme title to land. The case was one where California was granted the tidewater lands in the California Republic Constitution and therefore California went after a familyís land, which land was secured under patent on an old Spanish Land Grant. Interestingly, the case doesnít talk much about land patents; it talks about the Guadeloupe Hidalgo Treaty. Imagine that, a land patent case that speaks mostly about the supremacy clause of the Constitution, which clause states that Treaties are supreme law even over a State's foundational Constitution.
Donít you get it? Hereís how land patents work:
It doesnít matter how many times the land is reassigned. The patent by its own creation lasts "forever" and belongs to the named party "and to their heirs and assigns forever".
So what do you do now to secure your Land Patent?
Follow the instructions presented on the following, "Steps to secure a Land Patent".
The most important use of your Land Patent
Our opinion is: "In America today, the most important reason to secure your land patent in your name is to secure your status as an Elector. An Elector is a land owning freeman. Only electors can vote for State Senators, Governors and Presidents of the United States of America. When the Government vacated its responsibility to dispensation of the land by not maintaining elected Presidents and Governors the electorís responsibility to reelect those officials becomes critical. Do to the nature of land ownership in America, such elections can only be caused by electors. If we donít reseat our state and national governments we will lose our nation to IMFís New World Order. If we do reseat our governments we will have a chance to save our nation and our Constitution. This year Governorís Elections are taking place in: New Jersey, Virginia. If you elect an original jurisdiction State Governor this year, they can reseat their national Senators and those original jurisdiction Senators will have the authority to reseat our nation’s original jurisdiction President. The entire world is watching us; and, most of the world wants Liberty.
We're working to take our nation back!
To learn more visit the
More reading: Excerpt's from Do you own your land?
The Land 101 mini course on Team Law’s ‘Land Patents’ Forum.
Listen to Senator Madsen on Land Patents on Real Audio.
Get the latest Real Audio Player here:
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