Dick Wells

Land Patents

  How Land Patents came into being and why they are the best possible protection of Private Property Rights is a question seldom asked and more rarely answered.
 A good place to begin is found in the Constitution for the united States of America. Note that is not the Constitution of the United States now commonly cited. The latter is only for the Corporation known as USA, UNITED STATES, or any of the 75 or more variants of the corporate entity masquerading as the national government (look it up in Black’s Law Dictionary). The former is the real, original document that formed this great nation. It is that original document, to which future references are made in this presentation.

   Article IV, §3 clause 2, Constitution for the united States of America, gives congress power to make all the rules and dispose of property belonging to the United States. Congress does that by issuing Letters of Patent for bits and pieces of land all over the country. A president, or his delegate, then signs those Letters Patent into law. Since the Land Patents are empowered by the Article VI clause; and pursuant to the Constitution, and in accord with Article VI, clause 2, they are the supreme law of the land.

   Moreover, the Land Patents are as a matter of law, contracts executed between the United States, the Patentee, his Heirs and Assigns forever, the States united in the Union are forbidden to impair the obligation of that contract Article I §10 Constitution for the united States of America. In other words, the Land Patents are beyond the reach of the States forever!

   No Article I court has any jurisdiction over the Land Patents; any arguments can only be made in the US Supreme Court, the Article III court. Some lawyers will tell you that the US District courts are Article III courts; while Article III says that congress may from time to time establish courts inferior to the Supreme Court that does not make them Article III courts; anything congress does is necessarily Article I!

 Back to Article IV, §3 clause 2, Congress makes the rules. Congress wanted the land populated by people with Allodial Title to their lands. What does that mean, you ask? Allodial means owing no allegiance or duty to any superior. In effect, that means the end of the feudal system they had so recently rid themselves and their fellow countrymen of in  the War for Independence.

   Sometime early in the last century, the lawyers, bankers and yes, some elected officials, decided it would be easy to pull the wool over the people’s eyes. Until then, when someone bought a piece of land they got title to that land. But that meant that they had the absolute right to own the land and no one could interfere with how they put it to use; so the conspirators arranged to hide the title and instead issue deeds. The deeds look like title, but they are what are called “color of title”.

   Color of title means that though deeds look like title (true ownership) they actually fail to place the land off-limits to government, or anyone else who would want to keep the buyer from owning the land out-right. When the land is transferred by deed, banks can foreclose and others can place liens on the land. When a Land Patent protects the land, neither of those things can happen because the land is immune to collateral attack. Not even the government, state or federal, can prevail against the Land Patent!

     For the reader unfamiliar with the power of the Land patent, go back and read the first part of this article again. In truth, there is no insurance one can buy that protects Private Property Rights as well as the Land Patent.

  In Montana, the Sanders County Republican Central Committee unanimously adopted the main points of this Notice as a position statement:  

 Whereas the states are not a party to the Grants from the United States government known as 
   Land Patents, and;
 Whereas the states are not the creators of those grants, and;
 Whereas the US Constitution forbids impairment of contract, and;
 Whereas no Article I court has any jurisdiction thereupon, and;
 Whereas the SCOTUS upholds the supremacy of the patents, and;
 Whereas property taxes are direct taxes, which destroy the right of property, and;
“No State shall... pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts...” US Constitution, Article I §10
 Generally, a land grant is a contract, within the protection of the Federal Constitution, and, provided that all of the conditions of such grant are complied with, it is protected by the Constitution the same as a contract between private parties. Under the impairment clause, a land grant may not be rescinded by a subsequent act of the state legislature.
Appleby v New York, 271 US 364
 The patents issued by the United States for the public lands contain the words ‘give and grant.’ These words imply a warranty. (Cites omitted) If the complainant can be compelled to pay these taxes, he has a right to be reimbursed by the United States.
Carroll v. Safford, 44 U.S. 441, (1845). (emphasis added).
  Therefore, when a state levies a tax on lands protected by the Land Patent, especially under the threat of confiscation, it is exerting force over that, which it did not create or own, thereby impairing the obligation of that contract in violation of the US Constitution.

 Since the Land Patent, being made by Congress and signed by a US President, or his delegate, pursuant to the Constitution, is the supreme Law of the Land; and the states, officers and judges are bound thereby. 

 This position statement included a statement to end appraisal and levy of property taxes on lands protected by a Land Patent and will be forwarded to all the other Montana Republican Central Committees for their consideration.

 Dick Wells
Dick Wells
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