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Property Ownership

6.2K views 44 replies 30 participants last post by  ExAlchemist  
#1 ·
Hello SB, I am looking to buy some property. I was wondering if anyone knows of a way to outright own the land without property taxes, losing mineral rights, no imminent domain. Is it even possible? Thank you very much in advance.
 
#4 ·
Every US state has property taxes. Louisiana has the lowest rate. Hawaii and Alabama the next lowest, but Hawaii will tax you into the poorhouse other ways. The taxes jump notably after those three.

Eminent domain functionally means the government must have your land for the state needs. You won't get around that completely ever. Your only options are looking for states with laws that restrict that power and to live where the government generally has no interest in building something. The states that get the best grades on restricting their ED actions are:

Florida A, North Dakota A, South Dakota A, Virginia A, Michigan A-, New Mexico A-, Alabama B+, Arizona B+, Delaware B+, Georgia B+, Mississippi B+, Nevada B+, New Hampshire B+, Oregon B+, South Carolina B+, Indiana B, Kansas B, Louisiana B, Utah B, Wyoming B.

Mineral rights typically come one of three ways.

In the eastern part of the nation the landowners owned everything in the early days. If they kept it attached to their property then they still have those rights. If someone sold them in the past then they are gone unless you can find the current owner of them and buy them back, but you won't have much luck with that if there is a chance they think there is anything valuable there.

In a few states in the middle of the nation the state owns them to either sell or lease to fund the state. Texas is like this. Technically you could attempt to purchase a long term lease from the state if no one else holds the lease already. But most of those leases were resold in blocs and are typically held by mining and oil or land companies. They tend to not want to resell those leases.

Most of the Western US where the states were first territories the Feds own the mineral rights and either camp on them to deny use for environmental reasons or they lease them out for use. You'll never get a crack at those. I'm not sure about California though, but they have a history of walking all over land owners already.

And just when you think you've got it figured out you have water rights too, which are crazy complicated all over the nation. Look for air rights (wind power) to become an issue as well.

I don't know much about which states in the east have a better chance at mineral rights because it could change literally acre by acre. You will need a land man to help you with that.

But at least with the first two categories you have Louisiana and Alabama near the top of the lists. Alabama has typical eastern US mineral rights. Once sold they are severed from the surface rights unless the land owner can find the rights owner and buy them back. Louisiana is very interesting. The landowner owns the rights, sort of, if he sells the land then he gets 10 free years of mineral rights on the land he sold and then it reverts to the current land owner. I'm not sure how that works when you have multiple sales in a decade, but sit there 10 years and it will definitely be yours.

All in all, your best bet is Louisiana. You won't avoid any of the things you hate but those things will have the least impact there than anywhere else.

And if the goal is to get out of taxes and keep "The Man" off your land you can forget about it. You will always be taxes somehow and I can assure you that you can never tell a game warden to get off your land. He doesn't even need a warrant if he can justify being there. But if you are rural you run into far less troubles with eminent domain.
 
#30 ·
Illinois



Yeah, in Illinois you cannot have a rainwater collection system for use inside your own home. You can have a gray water system for use with your yard/garden, but you cannot catch rainwater, filter it, and use it for drinking/showering/cleaning/anything inside the house that requires clean water. The "official" reason has something to do with "safety", but that is a rule that ALMOST has someone putting "lol" at the end of it becuase EVERYONE knows that using rainwater for your homes water needs is banned because it cannot be taxed as they can now with our current water system. The water isn't too bad and comes from Lake Michigan where I live (outskirts of Chicago) but the chlorine smell and taste make me distrustful of the health benefits.
 
#5 ·
I believe if you "claim" the land is being used for agriculture purposes you dont pay taxes. Here in florida alot of people will throw a couple of chickens, pigs, in there backyard. Along with a couple of fruit trees, and they.do not pay.taxes
 
#28 ·
That was my thought on the subject. If you open up a church of some kind there are ways of getting around many financial responsibilities (the least of which is different property tax rules). I live in Illinois, the land of Lincoln and also the land of the government having their one hand inside your wallet at all times to charge you for everything (10.5% sales tax where I live, for example). It's also beyond just a rare occurence that the state governors and senators get thrown in prison for some economic fraud (Governor Ryan, Governor Blagoyavich(sp?), Rep. Jesse Jackson Jr and his wife, etc.) They steal money, which is a reason for our high taxes, tollroad fees, etc. and go to prison but we have to keep shelling out the ridiculously high taxes that HAVE to be that high because everyone is either mismanaging taxpayers dollars or just plain stealing it. There are quite a few people who have llamas on their property for tax purposes that I have known over the years (I probably have seen 10 - 15 people just myself). I don't know why llamas, but I have been told by a source that I trust has good intentions when they claim they know random facts but isn't always correct that llamas fall under a different section of the rules than other animals. I think it has to do with the type of animals, the amount of land that you can designate based on the number of animals you have (for example, 12 chickens require less land than 12 llamas) and possibly have minimal care requirements compared to other "farm" animals?
 
#10 ·
Buy land that can be patented. Look at the article about patented land at NARLo_Org.
As far as property taxes go if you are willing to argue and fight and you believe in the US Constitution you can eliminate property tax. Section 1, Article 2, clause 2 says all direct taxes must be apportioned so why do they charge us property tax? We pay because they have classified our property commercial. The term residential is a commercial term therefore you are taxed, they can not tax private property. You can verify it on several sites but I learned how to fight it from Dr. Rivera at Organic Law Institute, you'll find his site on the net. It's work to go through the processes, tracking down the chain of title for your property is the biggest chore or at least it was for me but you will eventually find the original grant. It took me a couple years but now I can retire as the founders intended us to live.
 
#13 ·
#14 ·
The answer is no...All states have different laws..but the basic concept of real estate is that land value is based on benefits..on site and off site..
The primary reason for property tax is to pay for off site improvements and amenities..public roads to access the land, fire protection, flood control, schools, utilities, law enforcement, etc..etc..etc...Someone has to pay for this...

Always research local property taxes and assess the need for maintenance and future improvement..In most areas these are known as 'assessment districts'..also, be aware of the district boundaries..You could be looking at property with a fire hydrant across the street, yet, not have access to the water..
Some remote areas have fewer improvements, therefore, less taxes..
Just sayin..
 
#15 ·
I think JWR wrote about this in Patriots.
Either that, or I read it somewhere.

It entails buying land anonymously and it's probably against the law and I wouldn't advise it.
Basically, you find some waste land in the boonies owned outright by an individual. You pay cash and write up a bill of sale for the land and close but never record the deed.
So long as you are current on property taxes (still in the old owners name), no-one will know you are the owner.

I can't see that working. So here's what I'd suggest:

Buy in a place where you are most free.
Where the property taxes are low and most business is conducted simply with easy transactions. No covenants or restrictions on the land. Simple zoning laws etc.
These places still exist off the beaten path in most states.
 
#23 ·
I think JWR wrote about this in Patriots.
Either that, or I read it somewhere.

It entails buying land anonymously and it's probably against the law and I wouldn't advise it.
Basically, you find some waste land in the boonies owned outright by an individual. You pay cash and write up a bill of sale for the land and close but never record the deed.
So long as you are current on property taxes (still in the old owners name), no-one will know you are the owner.

I can't see that working.
Close but you have to get the procedure correct. If you own your property free and clear and have someone you trust you quit claim it to them for a year and then they quit claim it back, here's the procedure. All standard quit claim deed forms say subject to easements, taxes, etc. You volunteer to pay tax when you accept this deed. Also there is no requirement to put an address of the buyer on the deed. Write your own deed and leave out the part about taxes. You quit claim the property to your trusted one and when the tax bill comes you write across the bill "property sold" and send it back. To be totally upfront you can record these quit claim deeds too. After 13-14 months have your trusted one quit claim the property back again with a deed that doesn't mention taxes or have addresses, have it recorded and you have property off of the tax rolls. As long as you do not volunteer your information the county has no authority over you.

Do not volunteer any information written law does not require! Public employees will lie about the information required from either being misinformed, ignorance or all out lying.

The founders had it set up so as we get old, tired and unable to take care ourselves we could live and die peacefully on our land without the burden of tax.
 
#19 ·
Solion -- I'm not an expert in this, but don't you think property taxes are "apportioned?"
Like, by land size and value . . . ?

According to the federal definition apportionment will be divided among all residents of a census district. Now they are using Ad Valorem taxes to pull the wool over our eyes.
 
#25 ·
Absolutely not true, not trying to pick a fight but we have been lead to believe these things but they are not true. United States v. Stone, 2 US 525 says a land patent is the highest evidence of title to a property. The problem is most have deeds of trust or warranty deeds and they are at the low end of the spectrum. Title companies get incentives to steer you into poor forms of title and taxes, they are not looking out for your best interest.

It's a job preserving and protecting your property, if you want to keep it bad enough you'll do the research necessary.
 
#24 ·
In Mississippi my Father-in-law did'nt pay property tax

After my Father-in-law turned 65 they didn't have to pay property taxes anymore. They have both passed on so we inherited 30 acres of Long-leaf pine with mineral rights. We pay $600/year in property taxes. I don't know how much land is tax exempt for seniors in Mississippi but it is at least 30 acres.
 
#27 ·
Contrary to popular belief, all land is NOT real estate.

Property that is absolutely owned by an individual is PRIVATE PROPERTY.
ONLY private property is constitutionally protected.

Qualified ownership of ESTATE is not protected, and is subject to ad valorem taxes.

Forget "Patriot mythology" like allodial title and land patents.
(Allodium can refer to either estate or private property - essentially useless.)

As always, read your own state's constitution and statutes to verify that PRIVATE PROPERTY is explicitly protected, while "real and personal property" may be subject to ad valorem taxation.

. . . . . . . . . .
More info:

Private property v. Estate::
http://www.survivalistboards.com/showpost.php?p=5001992&postcount=11
 
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#29 ·
Youre going to have to pay property taxes pretty much anywhere you are.

You can go to the courthouse and find out if the mineral rights to a property youre interested in are owned by someone else. (Not really much of an issue outside the western US.) Then just make sure the mineral/water rights are part of your deed.

Unless youre buying in a city/town, imminent domain really isnt much of an issue. They usually use that if they want to widen a road, put up a govt building, etc, or to pad the tax base. If you live in the country, I doubt you have to worry.
 
#33 ·
Water rights are completely mixed bag throughout the states. Rainwater, surface water, underground water, they are all treated differently in different areas. Coastal property can be very entertaining too. Throw in perennial flooding and mudslide zones for good measure. I wouldn't even be surprised if somewhere in the northern states they laws concerning snowfall as well.

You have to just about take every plot of land and accept it is almost unique in regards to water rights.

The trick with dealing with land is a lot like dealing with your money. Get good legal advice from a specialist who knows for sure you are only paying him for his legal service and you will not be buying land from him. Just like getting investment advice from the broker selling you stock is a surefire way to end up with the short stick, the land and title companies have little interest in giving you what you want if you want something different than what they would rather sell to you. Get good outside counsel who never gets a commission. Use that to leverage the guy selling to you with him stuck with a take it or leave situation, and be prepared to leave it even if it tempts you but isn't what you really have asked for.
 
#34 ·
Thank you very much everyone for your responses! I am not buying in a city. I want property miles away from everything. No power, no water, no neighbors, and no government interference. But I guess it is all subject to the whims of "the man". I don't have a problem actually paying the taxes, it's the logic behind it. "Pay taxes for this tiny patch of woods or we will take it from you even though you paid for it."
 
#37 ·
reponse

Actually none of us owns the land. The only lawful land owners are all Native Americans who still have not been compensated properly...............

Years ago my dad had the idea of purchasing an Island in the Saint Lawrence Seaway. Installing a canon on it and firing a shot across the bow of the 1st American war ship he saw. Declaring war on the US and then surrendering at once. Doing so he said he would demand war reparations and improvements to his property, Education for all of his children and no Taxes EVER on income or property as a Sovereign Citizen of his country...........LOL

I used to laugh....Today I realize what a great sense of humor he really had.
 
#39 ·
as a Sovereign Citizen of his country...........LOL
There is no such thing as a sovereign citizen.
It's an oxymoron, like a vegetarian cannibal.

Citizens are subjects of a sovereign, by definition.
Sovereigns are not citizens, by definition.
 
#40 ·
While the daily aspects under normal conditions may be one side of the coin, the other side is that the Fed has the legal right under the National Defense Resources Prepardness Executive Order to seize and distribute all property, resources, services, and goods within the borders of the US in any declared emergency (I was surprised at just what can be defined as an emergency, it does not even have to be happening within the US). Of course, you will be compensated for them at a value determined by the Fed at some point in the future after said emergency. Pretty sure you can figure that one out with no problem.
 
#41 ·
First no one owns land in America but the Gov't.

You own a "bundle of rights in the land". These rights vary depending on the property.

These rights allow you to do various things, such as occupy the land, build on the land, etc. but you cannot store nuclear waste, dig a hole to China, etc,

I'm not 100% sure but I read somewhere that the best way to beat property taxes is to have some kind of agricultural use. I read that Jon BonJovi mansion is listed as agricultural because he raises Bees on it.

It up to you to check out how true that is.
 
#43 ·
I'm not 100% sure but I read somewhere that the best way to beat property taxes is to have some kind of agricultural use. I read that Jon BonJovi mansion is listed as agricultural because he raises Bees on it.

It up to you to check out how true that is.
Thanks for the info...Instead of paying my $13,680.00 property tax bill on the 'farm' I'll just send them a copy of this...[emoji6]