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Originally Posted by Lawdog
If I had to compile a list of the stupidest things a person could do, buying a piece of land and intentionally not recording the deed would definitely be on there.
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JG: But the reference you posted was for "real property" which is estate, not private property.
If you are buying estate, by all means, follow the rules for estate.
But the original post was about the glaring difference between private property, absolutely owned, and protected from being taken for public use VERSUS estate (real and personal property) held with a qualified ownership, and at risk from being taken for public use without just compensation (as in failure to pay taxes).
Can you find one state or local ordinance that specifically taxes private property?
All I can find are references to real property, and that's estate - not private property.
Estate, as in real estate, can be taxed, liened, confiscated, regulated, etc.,etc.
Now contrast that with 'private property' listed in this section:
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.
Though the government can remove or replace public water lines on private property (assuming prior permission was granted for original placement) they cannot impose a lien nor compel payment of costs without CONSENT OF THE OWNER OF PRIVATE PROPERTY!
If that was on real estate, would you think the government would have to ASK PERMISSION OF THE OWNER to slap a lien and compel payment?