STATE POWER TO TAX US PROPERTY?

Posted: 2nd April 2013 by admin in Pay No Property Tax

The Office of the Los Angeles County Tax Assessor makes this bold claim on its website: “State law mandates that all property is subject to taxation unless otherwise exempted. Your property taxes support necessary services provided to the residents of Los Angeles County. These include law enforcement, fire protection, education, parks and recreation, and other vital services.”

To what state law does the LA Tax Assessor refer?

CALIFORNIA CONSTITUTION, ARTICLE 13 TAXATION

SEC. 1. Unless otherwise provided by this Constitution or the laws of the United States:

(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.

(b) All property so assessed shall be taxed in proportion to its full value.

What doesn’t the Assessor tell you?

The Assessor doesn’t explain why only personal property located within the federal territory owned by or subject to the exclusive legislative power of the United States of America might be subject to forced taxation. The government of the State of California within California is the only one which has been authorized by Congress to tax property within the State of California, however, because the State of California is the designation for the federal territory, within California, owned by or subject to the exclusive legislative power of the United States of America, only non-federal personal property can be taxed. Before admission into the second Union, a State must promise not to tax federal property, which leaves only the personal property not owned by the United States of America subject to property taxation.

CALIFORNIA CONSTITUTION, ARTICLE 3 STATE OF CALIFORNIA

SEC. 1. The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

The above sentence means the State of California is the same kind of federal territory made a permanent part of the Confederacy by Article 4 of the Northwest Ordinance of July 13, 1787, so only non-governmental personal property located on the federal territory within California is taxable.

Joining the Confederacy under the authority of the Articles of Confederation of November 15, 1777 did not require any transfer of territory within that State. Territory claimed by a State of the first Union, the United States of America, which had been ceded to the Confederacy became a permanent part of the Confederacy pursuant to Article 4 of the Northwest Ordinance of July 13, 1787. The Northwest Territory was comprised of what would be the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota, so it can readily be seen how the term “United States” would come to mean the territory owned by or subject to the exclusive legislative power of the United States of America. The territory owned by or subject to the exclusive legislative power of the United States of America is also “the United States Constitution” George Washington swore to “preserve, protect and defend.”

Once the American people freed themselves from the British tyrant, King George III, only force could openly subject them to the same kind of blatant tyranny. The Confederation Congress, George Washington and the politicians of the time managed to re-install the same kind of government which had been expelled by a violent revolution, without firing a shot.

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