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  #37  
Old 05-05-2005, 08:57 AM
lizardhaven
 
Posts: n/a
land patents do not always fail-people fail by not knowing the law

the reason that it appears that land patents fail are these:
1. the cases where land patents have prevailed are not published.
2. only cases where people made great errors, such as writing their own land patent instead of basing the claim on the genuine one they apparently did not know existed, are published.
3. plaintiffs consider 'i have a land patent' a legal argument.
4. courts are crooked. i had a federal magistrate judge woehrle in los angeles dismiss my motion for judicial notice of my land documents-only court rulse say a writtine mition for jusdicial notice must be granted...if the us supreme court is not crooked, i will win. if they are crooked, it does not make the land patent laws moot, it means you can not have a hearing according to the court law.

i think that people on hti slist need to do more direct research instead of debating or attacking things others say that are opinions. one must learn the law and whether or not law is honored by court decisions, know the real law.

if you do a google search for collateral attack land patent you will see cases of court decisions. below are a few that are of interest:

case dismissed to avoid ruling:
http://www.kscourts.org/ca10/cases/2000/10/00-1184.htm

case showing indian land owned by non indian becomes subject to taxation:
http://thorpe.ou.edu/treatises/Guide/partx.html

examine cases and arguments closely:
http://www.atg.wa.gov/opinions/opinion_1996_6.html

the first shows how a court finds a side issue to dismiss on so they don't have to uphold a land patent. it is hard to plead a case and get past this issue but can be done.

the second case shows that indian grants only protect indians, and for indians are non taxable. now if you read the act of congress your lan dpatent is based on, and indian grants (my act of congress is sandwithced between two indian grants) see the terms, and then tell me why if a grant to indians is not taxable to indians, a grant to others is taxable, if no terms in the act (and must be put in the patent document) refer to taxation, then land patented under the act can not be taxed.

in the last one, notice that the cases sited to tax patented land are all state cases. NO FEDERAL DECISIONS EXIST THAT GO AGAINST THE REAL LAND PATENT RIGHTS.

if you do a google search for LAND PATENT FORCLOSURE you will notice a lack of cases cited. the truth is that the act of claiming rights to your land patent does protect you...but if you have agreed to a mortgage prior to that time you could be forclosed. if you have acted to claim the rights in the patent, informed lenders will not lend to you unless you withdraw the claim.

in my case i found one parcel granted by the same land patent as mine that was still owned by the railroad, and the o****y ahd it on the non tax list. i tried to have them put my property on the non tax list under 'tax equity'. the o****y simply stopped communicting. i filed in federal court based on denial of due process...right now up through 9th appellate they are trying to dismiss the case wihtout a hearing. will the supreme court follow the law and send the case back to be heard? remains to be seen.

but if the court refuses to follow the law, it doen;t make the law invalid. it just makes the ecourt unconsititutional.
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