property rights [was Re: Why go solar?]

> >> building codes have no applicability to property not connected to a > >> public utility > > > > is that so, do you have a citation? > > All building codes have some nexus with attachment to a public utility. > For example, I found one municipality's ordinances state that once you > attach to the public water and sewer, the city gets a lien (whether you > paid or not) on your property. > > Historically speaking, the first building code was in NYC, empowered when > the building owner attached to the city water and sewer. > > Another "interesting" item, if your property has no "address", many > utilities will not connect, because they can't send a bill. Some will > connect if you prepay your account. > > > > Very groovy if true. I thought > > that the building codes rest upon the general police power to enforce > > standards public safety, just as (eg) restaurant inspection does. > > Restaurants are "licensed" (civil liberty). > There is no delegation of power to "regulate" private property. Real estate > is not private property. > > > You > > cannot get a get-out-of-jail card for your (eg) slaughterhouse by > > disconnecting from the utility grids. The USDA veterinarians don't need > > any such nexus to go in your establishment. > > Such commercial establishments are licensed. If you had a private > slaughterhouse, you would not be obligated. > > Re: Private property > > Most people impair their right to own because they presume "All land" is > real estate. In fact, there's a specific note in the definition for land > (see below) that an estate in land is land for a time, not perpetual. > > If you don't believe it, here are the legal definitions. > > "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 estate = estate = real property. > > Contrast with: > > 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: > > What is the significant difference? > Owner and type of ownership. > > Who is the _owner_? > > Real Estate => person > > Private property => individual > > Private property is owned absolutely by an individual. > > Estate is the interest in property by a person such as a > corporation, or a tenant. > > Private property is the "houses, lands, and chattels" owned > absolutely by an individual. > > Real estate / Real property is "lands, tenements, > heriditaments" a person or tenant has an interest in. > > WHAT IS INTEREST? > > INTEREST - ...More particularly it means a right to have the > advantage of accruing from anything ; any right in the > nature of property, but less than title. > Black's Law dictionary, sixth ed., p.812 > > Title - "The formal right of ownership of property..." > Black's Law dictionary, sixth ed., p.1485 > > BTW, a "title deed" is not a title. > > Real estate / Real property is "lands, tenements, > heriditaments" a person or tenant has NO formal right of ownership > of property - only the advantages from it. > > 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 > > Real property = real estate = estate. > > There ARE no property taxes on private property ownership, else it would > violate the ABSOLUTE rights of the OWNER. > Please note that the tax is levied upon the taxpayer, not the land. Land has > no duty to pay a tax. > > This explains the recent Supreme Court ruling on the condemnation of estate > for private parties, under eminent domain. No private property issue was > before the court. Remember, the fifth amendment only refers to PRIVATE > PROPERTY, not estate. > > "... nor shall private property be taken for public use without just > compensation..." > - - - Fifth amendment > > Unpaid taxes on "real estate" can result in confiscation, whereas > private property is defined as being protected from being taken for public > use without just compensation. Sadly, most Americans record their "title > deed" with the Real Estate registry. Coincidentally, there is no law > compelling the recording of private property. But all "real estate" > transactions must be recorded. > > "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 > > If you are surprised to learn that everything you thought you knew about > land and property rights was incorrect, perhaps it is because of national > socialism. > > SOCIALISM - A political and economic theory advocating collective > ownership of the means of production and control of distribution. > It is based upon the belief that all, while contributing to the > good of the community, are equally entitled to the care and > protection which the community can provide. > - - - Webster's Dictionary > > Neither Socialism, nor Communism tolerate individual private ownership. > Both espouse collective ownership. If you enrolled into national socialism, > you don't have private property rights.
Reply to
zenboom
Loading thread data ...

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.