Land Patent Instructions

if you do a search about the taxing of patented land, you will come up with this reference:

*LAND* PATENTS. EJECTMENTS, AND ESTOPPEL

7. When congress has prescribed the conditions upon which portions of
the public domain may be alienated (to convey, to transfer), and has
provided that upon the fulfillment of the conditions the United States
shall issue a *patent* to the purchaser, then such *land* is not taxable
by a state. Sargent v Herrick & Stevens, 221 Us 404: Northern P.R. Co. v
Trail County 115 US 600.

unfortunatey this is not what it is represented to be. these cases both deal with land that was tax liened and.or sold for taxes due to non payment of property taxes, and the supreme court eventually confirmed that the lein or sale was void, and taxes were nto applicable.

well the claim in each case was based on incomplete title and patents not being issued at the time the tax lein was done. the decision is that until a patent is issued the land is owned by the government and can not be taxed.

no single tax theroy fits all patented land, since and is patented by many means. it is my opinion that homesteading , desert entry, and or other means of getting land in a process that results in a patent, makes the land latable locally.
but if the land comes from a railroad grant, that is a contract with the us gov that is accumable by subsequent owners. since no terms in the grant make it taxable , it goes by contract law.

in my case a parcel granted under the same grant and still owned by the railroad is on the non tax list. that is evidence that the assessors believe they can not tax it, and since i have the same rights as the railroad, my land is not taxable either.

now i am not sure what allow the homestead patented land to be taxed- since summa says 'if it is not in the patent it can not be applied. i am trying to search for some law or basis of that taxation.



but

63 C Am Jur 2d PUBLIC LANDS
section 105:
if title to public land has passed under federal law the property is subject to state law including that relating to liens. an owner may create a lein and the lein may be enforced by forclosure. THE LIEN OF A DEFAULT JUDGEMENT IS NOT, HOWEVER, SUCH A VOLUNTARY LIEN.

I also found a legal basis for taxing land patents held in adverse posession (squatters) this does not affect homesteading grants, i am still looking
NOTICE THAT PAYING TAXES IS A PREREQUISITE FOR THE GRANT, BUT IF THE TERMS IN THE GRANT DO NOT INCLUDE OBLIGATION TO PAY PROPERTY TAX, WOULD IT TECHNICALLY APPLY?

:
43 usc 1068:

1068. Lands held in adverse possession; issuance of patent;
reservation of minerals; conflicting claims

Release date: 2005-03-01

The Secretary of the Interior
(a) shall, whenever it shall be shown to his satisfaction that a tract
of public land has been held in good faith and in peaceful, adverse,
possession by a claimant, his ancestors or grantors, under claim or
color of title for more than twenty years, and that valuable
improvements have been placed on such land or some part thereof has been
reduced to cultivation, or
(b) may, in his discretion, whenever it shall be shown to his
satisfaction that a tract of public land has been held in good faith and
in peaceful, adverse, possession by a claimant, his ancestors or
grantors, under claim or color of title for the period commencing not
later than January 1, 1901, to the date of application during which time
they have paid taxes levied on the land by State and local governmental
units, issue a patent for not to exceed one hundred and sixty acres of
such land upon the payment of not less than $1.25 per acre: Provided,
That where the area so held is in excess of one hundred and sixty acres
the Secretary may determine what particular subdivisions, not exceeding
one hundred and sixty acres, may be patented hereunder: Provided
further, That coal and all other minerals contained therein are reserved
to the United States; that said coal and other minerals shall be subject
to sale or disposal by the United States under applicable leasing and
mineral land laws, and permittees, lessees, or grantees of the United
States shall have the right to enter upon said lands for the purpose of
prospecting for and mining such deposits: And provided further, That no
patent shall issue under the provisions of this chapter for any tract to
which there is a conflicting claim adverse to that of the applicant,
unless and until such claim shall have been finally adjudicated in favor
of such applicant.

You might also want to consider the fact that these present day statutory requirements are not applicable to the original land patent. Go to the original patent and its' applicable granting LAW, That is the controling LAW.

First off... if your intent behind obtaining a land patent is to protect the land from the potential assaults inherent with it being in equity, then why would you later desire to move the land back into equity by contracting with some third person who will more than likely have to receive financing from a bank or other financial institution.?

Secondly, if you already have a mortgage on the property (house and other appurtenances), and it is your desire to sell it, then sell it. Right now, all you are in possession of is a Warranty Deed, which only carries 'color of title', and that is all that will be passed on to the new purchaser. If you read the warranty deed and the mortgage, you will find that nowhere does the previous seller agree to provide to you the REAL title to the land or the property. As for the expressed title insurance.. another fraud... nowhere does the insurance package indicate that the title company will defend the title; that is the responsibility of the previous owner (seller).

On another note. If you are living in the state of florida, you might want to look up the term "Ultimate Equitable Owner".. Here in florida, no corporation can declare itself to be the Ultimate Equitable Owner of any parcel of land.

[wisper]

Originally Posted by suijuris

STEPS TO SECURE A LAND PATENT CLAIM.

>>>>>>>>>

I have a couple questions, for anyone who has gotten a land patent.

1) As long as I put all the legals down with the dates (my deed), can I just build the declaration of land patent, sign it and get a notary, or is there a form or format required (if so by whom)

2) Is the Quit claim the same as I'd get at an office supply or realator office

3)what has to be on the quit claim to make sure its moved out of equity?

I bought acerage in AZ and I got the # of the orig. patent from BLM. I have copies of the transfers back to the 40s. The patent was a railroad
patent , it went from one rr to another, or maybe the rail roads mrged or changed names. The orig. patent however was in 1916, and I will get Certified copies, but, do I just use the original PATENT and my deed in the sandwich, or must I complete an abstract for the full time and all transfers from 1916 till my deed? A few of the land companies who tried to peddle the land, don't exist, and no one seems to be able to show what happened some time between 1916 and 1949.
If I don't need the unbroken title history, then all I'll need is my declaration and Quit claim answers and I'll be ready to go.
By the way, the reason I want the Alloid title and the patent is to get out from under zoning and planning, their really a bunch of power freaks gone mad, IMO! ps; samples of declaration would be nice
TIA,

[wisper]

[Quote
* 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".[/quote]
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

I asked once and received no response, so I'll try again:

I own the land
I have the title and title insurance
I have a copy of the Patent signed by Woodrow Wilson (BLM certified)
The property was patented to Atlantic and Pacific Railroad, and transfers were to the Santa FE and then to land companies (several) and my title is from one of the heirs of a land co.

So can some one tell me what the declaration and the quit claim must look like and say? Some one said there is to be something on top of the sandwich , ?

My intent is to build the sandwich, provide the assessor and county records clerk notice that I have alloidal title through the original act of congress and have w. wilson's sig. of authority, and post copies of the notice on 4 corners of the property. If zoning ,planning, the tax people or the courts challenge, I want my package to be correct, therefore the repeated request above, I am ready to proceed

hello fellow railroad land patent by woodrow wilson land owner,
sorry for not respondng when you posted some time ago.

i did not learn this sandwitch thing, and since recorders now refuse to accept anything but specific documents, i am not sure how it is supposed to work.

the way i did it was explained on a television program and it worked for me. you already have the copy of your patent, and you can download a sample notice at www.landrights.com to post your property. you post the corners with the notice like you would a mining claim to give notice to anyone that you are claiming the protection fo the patent. this is because you have to do an act that shows you are accepting the contract the land patent is between you as the owner and the federal government.
i suppose you could also publish the acceptance in newspaper legal notices.
and if you hare in any dispute with any local government official that related to this you have to send them a letter notifying them that you have done this and now claim the immunities, ets that affect the dispute situation.

when i did this our crooked county had erased all my inspection records from the county computers and were trying to have me double pay fees and also some big special fee they came up with. when i sent the notice they stopped any attempt to contiune those demands.

i also have written the assessor instructing them to move my property to the non tax rolls, as i had found a parcel passed in the same patent action that was still owned by the railroad and it was on the non tax rolls.

so far they have ignored me.

no one is going to issue a version of the patent with your name on it. the patent is ahistoric document and your deed shows that your land was granted in it (through the legal description) and those documents would be the proof of the rights you intend to claim under the patent.

if you want copoies of federal laws that make your property immune to local land use laws and zoning i can send the #'s or in some cases scans of laws.

excuse my poor typing my hands are sore..

[dadmoonbunny]

Wisper, et al:,

First off, a land patent is an incredibly powerful thing if you assemble it correctly. Most of what you need to know can be assembled from the knowledge of your fellow SUIJURIS members. Just sign on and do a search, or sign on and go to the members only downloads section.

If you are not extremely detailed while assembling your package, their may be challenges to it. This is not an area where you can afford to do things half way.

Everyone I have ever spoken to about the Land Patent Process that has assembled one has done so very carefully, and are amazed with what happens once they succeed in getting it filed.

By the way, when you Do put your package together, there can be NO gaps in the time line of ownership. If there are, it leaves room for someone to step in and question your claim. You should have ALL the dates covered, from the date of the original patent up to when you acquired the land.

Think about it, would you want to purchase a motor vehicle without knowing its history? Perhaps it is clean but has no title. When you go down to "register" it, they say it is stolen, and they "hook you up". Now What? Leave no gaps and no doubts. Like a balloon, airtight.

Good Luck with your package.

Sic Gorgiamus Alus Subjuctatos Nunc

[wisper]

[quote=dadmoonbunny]Wisper, et al:,

First off, a land patent is an incredibly powerful thing if you assemble it correctly. Most of what you need to know can be assembled from the knowledge of your fellow SUIJURIS members. Just sign on and do a search, or sign on and go to the members only downloads section.

If you are not extremely detailed while assembling your package, their may be challenges to it. This is not an area where you can afford to do things half way.

........................[/QUOTE}

Do you have a Patent and have you done the sandwitch? What does the notification of patent look like? How about the quit claim?

[wisper]

[quote=lizardhaven]hello fellow railroad land patent by woodrow wilson land owner,
sorry for not respondng when you posted some time ago.

i did not learn this sandwitch thing, and since recorders now refuse to accept anything but specific documents, i am not sure how it is supposed to work.

the way i did it was explained on a television program and it worked for me.

>>>>>>>>>>>>>>>>>>> snipped>>>>>>>>>>>> ^
^
Thanks for the response. Your message confuses me? ^

I will assume you have done it and if so would you send me copies of the QC deed and the declaration of patent. If they can't be scanned, I can give a fax #