[trooper2ls]

Gldskr.. it seems all of your posts are designed to inflame and/or slur. Your infantile demeanor is somewhat jocose. I am somewhat honored that you have taken such great lengths to read and rebutt my responses point by point. I'm not selling anything.. just pointing out the truth. Sorry if that rubs you the wrong way.

There’s been much talked about in relation to Land Patents lately. As far as most of that talk goes, I’m glad people are talking about them. It’s about time. The problem with patents is-ignorance.

Quote: Anonymous Source "How Land Patents Work" Sept, 3 2003 3:48 PM

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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 it’s a good way to swindle, or otherwise avoid paying a bank or the IRS out of some amount of funds. And, they think that they own their land because they paid for it and they have a Warranty Deed.

Though it’s true, "Land, protected by Land Patent, can’t lawfully be seized for debt or taxes." Therefore, no mortgage or tax liability can stand against a Land Patent. It’s still wrong to make an agreement or obligation and then hide from that agreement or obligation by any means. An honorable person just plain won’t do it.

We live in a nation that hasn’t 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 people will tell you that land patents don’t work. What that means is they don’t know how land ownership works. They speak from ignorance. For those who have tried land patents unsuccessfully, the cause of their lack of success is – ignorance. It’s 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 original war for independence from England.

The end result — regardless of how the land was acquired — 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 disposition. For example, here is a segment from Colorado’s 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". Enabling Act of Colorado
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.
Notice the net effect of these Enabling Acts in relation to state taxes and state statutes:
‘After 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.’ 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 U.S. 198), is not listed above, yet it is one of the best cites describing how land patents work. In that 1980’s 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 family’s land, which land was secured under patent on an old Spanish Land Grant. The case doesn’t 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.

Here’s how land patents work:

The Land was originally acquired within the United States of America by some Treaty.
Your Land Patent secures the rights of the Treaty upon which the land was originally acquired within the territories of the United States from the Treaty to the individual person named on the patent.
The patent specifically grants the described lands to the party named on the patent and to their heirs and their assigns forever.
The party named on the patent then passes the inheritance, grants, or assigns the patented lands to someone else, which assignee is now named on the patent by that assignment. The documents that demonstrate such an assignment are often called, "Deeds".
Because the granter can not compel you to accept the assignment it is necessary for you to take some action to signify your acceptance of the assignment. For this reason we use the "Declaration of Land Patent".
Once you have accepted the proper assignment of the Land Patent and you bring it forward by your authoritative declaration, you are named on the physical Land Patent where it says, "and to his heir and assigns forever".
It doesn’t 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".

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Currently the process on my land is at the stage of public notice. In this state it is required to post the fact that I have brought the patent up in my name in the legal notices of our local newspaper. Once I have met the notice requirement then I can record the patent in the county records.