I understand that property taxes are a state issue not a federal government issue however, the federal government could step in by telling states that they either move to a flat tax and remove all residential property taxes after age 65 or the mortgage is satisfied, or the federal funding states receive each year will be reduced on a sliding scale based on the property taxes they received. Much like how social security is structured.
Yes, ScottâŚThat is thinking outside of the box. The Federal Govt has most states by the umphas and can twist anytime necessary.
I have updated my original Proposal to address the concerns and suggestions listed on this Sight. It seems there needs to be a detailed Amendment to Our Constitution addressing the Governments bending of Our Constitutional Rights to favor uncontrolled Taxation. I hope this new Proposal will secure Our Rights and gather everyoneâs support and votes. If you see an area for improvement please let me know. I believe Our solution will come from We the People not Government. Everyone have a Blessed Day Fred Walker
Gas taxes donât take into account electric cars, bicycles, solar powered vehicles, etc. We would need a miles-driven/ vehicle weight type of tax. And we would need to prioritize maintenance of roads in higher use areas. I am tired of rich people getting their roads paved when nobody else cares except the few people who live there.
States are mandated to follow the Constitution and Bill of Rights.
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Fourteenth Amendment: This amendment, ratified after the Civil War, is the key legal mechanism expanding the Bill of Rights protections to state actions through the âincorporationâ process via the âDue Process Clauseâ, meaning states cannot deprive individuals of âlife, liberty, or property, without due process of law.â
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Fourth Amendment: This amendment, ratified on December 15, 1791. The Fourth Amendment of the United States Constitution protects the people from unreasonable âseizuresâ by the government:
Protections
The Fourth Amendment protects peopleâs âpersons, houses, papers, and effectsâ from unreasonable searches and seizures. The landmark Supreme Court case Mapp v. Ohio in 1961 established the Fourth Amendment applies to the states. Ongoing property taxation effectively nullifies citizens security of home ownership.
See also
This was a letter I sent to the Secretary of State and also the tax commissioners, I thought I would share it here.
To My Wayward Employees,
This letter is addressed to the Georgia Secretary of State, the Georgia Department of Revenue, the County Board of Tax Assessors, the County Board of Equalization, the County Hearing Officer, and the Arbitration representatives.
I recently received my annual tax assessment notice, and I want to address some critical issues.
Assessment Issues
First off, the estimated value of my property has jumped significantly again. Just a couple of years ago, the value was raised far beyond what itâs worth. To secure a loan, I had to hire two independent appraisers, both of whom appraised it at a much lower value. Even then, the bank refused to approve a loan for the inflated amount claimed by the county.
I paid out of pocket for those appraisals, only for the tax office to inflate the value again. If this inflated value were real, I should be able to get a loan for the differenceâbut I canât. Five different banks confirmed that the value simply isnât there.
The improvements made to this property are the result of my own hard work, time, and money to make it livableâefforts that should not increase my tax burden. Improvements are my personal property and are not subject to taxation under constitutional principles.
Property Rights and Constitutional Foundations
As stated in the Declaration of Independence:
âWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.â
This government exists to protect my property, not tax me into submission.
The landmark case of Butcherâs Union Co. v. Crescent City upheld that obstructing an individualâs use of their property is a plain violation of the most sacred property rights. As Justice Story wrote in 1852:
âThe sacred rights of property are to be vigorously protected. Without property rights, liberty itself becomes illusory. What value does personal liberty hold if we cannot enjoy the fruits of our labor?â
Taxation Issues
Taxing land is one thing, but taxing my pursuit of happiness and property improvements is entirely unconstitutional. The government has no right to penalize me for making my property livable.
Beyond the inflated county taxes, school taxes are another issue. I do not use public schools, nor do I support the current education system, which I believe prioritizes indoctrination over education. I should not be forced to pay for a service I neither use nor support.
Illustrative Example
Hereâs an example of how unreasonable this system is:
⢠Acreage: 75 acres
⢠Assessed Value: $550,000 (Actual appraised value: $300,000)
⢠School Millage Rate: 16.995
⢠County Millage Rate: 11.082
⢠Total Taxes Due: $5,000 annually
If I were to own this property for 100 years and pay $5,000 in taxes annually, I would have paid $500,000 in taxes over my lifetime. Add to this the $300,000 purchase price (plus interest), and the total comes to over $800,000 for a property that would sell for only $500,000 in the future.
This is not the pursuit of happiness. This is the government infringing on my property rights and forcing me into perpetual financial loss.
A Closing Warning
Some might say, âIf you donât pay, theyâll take your land.â That brings us to the 2nd Amendment, which protects my God-given right to defend what is mine. The government doesnât grant this rightâit comes from God.
As Jesus said in the parable of the vineyard:
âWhen the owner of the vineyard returns, what do you think he will do to those farmers?â (Matthew 21:40)
Government employees are hired to do a job. When they fail to uphold the Constitution they swore to defend, they violate their duties as public servants.
Conclusion
If these practices continue unchecked, I will not stand for it. Taxes on property improvements and school taxes for services I do not use are unconstitutional.
This is not an appeal; it is a statement of truth. Consider this an opportunity for rectification before further action becomes necessary.
May God, who gave us our rights, bless you and guide you toward justice.
Sincerely,
A Concerned Citizen
The Supremes ruled in Kelly v. Pittsburgh (1904) that states have the power to assess and collect property taxes and its constitutionality is an extension of the 10th amendment:
âThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.â
Sounds like we, The American People, need to revisit all of the prior court cases, remove precident, and examine these issues again under âfreshâ Constitutional eyes, huh? One never gets anywhere by playing according to the rules of the same loosing game. The next chess move may very well be when the American People flip the table and demand a new game, according to THEIR rules. Just a gut feeling, reading the temperature of the American People these days.
Hello All, I find reading the comments on taxes interesting and informative. Most complaints seem to center on errors involving interpretation of various Amendments and or unrealistic appraisals of Property. To cut to the chase I believe We must Amend Our U.S. Constitution. Amendment 16 has to be Repealed. Then a new Amendment must be added which currently would be Amendment 28. I hope everyone will read my updated Proposal which specifically addresses Federal, State, County, City and all equivalent Districts. It will end Income, Property and other forms of Direct Taxation. It would require Government to use Indirect forms of taxation like Tariffs, Sales, Stamp and other forms of equal but Indirect Taxation with the exception of a limited and equal $100.00 Capitation Tax one time per calendar year. Please read this Proposal and let me know if you support, see room for improvement or other suggestions. We the People can and must solve these out of control taxation problems. Rest assured the Government will do nothing to end this tyranny. Together We can win and end taxation tyranny, letâs work together and get an Amendment on the 2026 Ballot. Have a Blessed Day, Fred Walker
We must make every tax require sunset clauses. Just because a person allowed a local tax to be initiated 50 years ago doesnât mean it should still be collected and definately doesnât mean the current generation had a say in it.
My only concern with this is the public schools. How will we fund the public schools?
Gulp, good question! @Jay4real
In Ellis County, south of Dallas Texas, my property taxes went up over 40% from a year ago. Raising property taxes has been too easy, and in turn spending more on school administration has been too easyâ and wasteful. If we fired half the administrators tomorrow, weâd cut the need for tax dollars by a third. All without losing a single teacher.
Hello just a reminder all Taxation is a Constutuional matter. The Constitution can be Amended to solve ALL Our taxation issues Federal,State, County & City. That is the reason for the specific limitations on taxation in my proposed Amendment. Check it out if you have time. Make suggestions, like, vote for and forward if you agree. Have a Blessed Day & Merry Christmas Fred Walker
That should be step 2 â that the county figure out how to legally and constitutionally create a revenue stream to pay for schools. And you are lucky, and can relax, because the county govt will never come to you to ask you how they should fund schools. They will simply find another means to do it.
Step 1 is to stop the unconstitutional act currently carried out against homeowners. This should happen no matter what happens or doesnt happen next. Everything else should be dismissed from our minds until this violation of the Constitution is immediately resolved. It has no conditions or prerequisites â it should simply end immediately. If there are fallouts associated with Step 1, see Step 2.
Note: If we dont put the cart before the horse, and we dont feel like it falls on us to figure out theâ fixâ to any fallout, then it is much easier to look at the situation and proceed forward.
I strongly agree that the way federal and some state governments are taxing its citizens is totally unconstitutional. I think it has gotten out of control due to greed, power and control. We have to be very careful who we elect to represent us. USA citizens have lost the whole fundamental grounds of this countryâŚGovernment FOR the People and BY the people. By the people means the people tell the elected reps. Not the other way around.
This would also applyâŚ
I agree adamantly regarding the elimination of property taxes for homeowners who reside in the homes. Other properties for profit should pay taxes which can go towards supporting and maintaining local infrastructure and school systems, etc. Shelter is a necessity and therefore, like healthy food, should not be taxed.
All of our personal property should be treated as though itâs in a trust. No taxes on property!
Jason, you are quite correct; however, it is hard for some people to understand how property taxes are illegal, simply because they have always been exposed to it as âseemingly legalâ. What is more, there are many "property tax apologists" out there who will try to get you believe that yearly property taxes are completely permissable under the Constitution, and if you have issues with it, you must contact the very in-state people and agencies that are part of the problem. Coincidentally, many of them actually earn money directly or indirectly from government funds.
Simply put, violations of the Federal Constitution are very much in scope at the federal level. Just because the crime occurs in a certain state doesnât magically confine the issue to that state. We are not talking about violations of said stateâs constitution â we are talking about violations of laws that override state laws and its tax codes â the Constitution is the overriding law of the land.
The current county property tax rackets are crimininal and Federal in scope sinceâŚ
- It violates the U.S. Constitution 1st, 4th, 5th, 14th, and 16th Amendments.
- It equates to State and Federal RICO crimes throughout the majority of States.
- The U.S. Constitution trumps State Law under the Supremacy Clause which exists to prohibit a State from violating its own Constitution.
US Constitution, 1st Amendment, summarized: The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
US Constitution, 4th Amendment, summarized: The right of the People to be secure in their houses shall not be violated.
US Constitution, 5th Amendment summarized: Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids âdouble jeopardy,â and protects against self-incrimination. It also requires that âdue process of lawâ be part of any proceeding that denies a citizen âlife, liberty or propertyâ and requires the government to compensate citizens when it takes private property for public use.
US Constitution, 14th Amendment, summarized: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
US Constitution, 16 th Amendment:
⢠16th Amendment as summarized says that Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
⢠Taxing property before it is sold, at a value in excess of what was paid at purchase, is essentially a tax on unrealized gains. It is not a tax on income and therefore should not be permitted by law.
⢠Unrealized gain may be stated on paper, but it is not cash in hand/bank.
⢠Income (or loss) cannot exist unless currency ($$) or other asset has been received or traded creating an actual realized gain or loss.
Constitutional and Federal violations with the current property tax racket are NOT solved at the state or county level, or by persons representing these local governments. Donât be duped by individuals telling you that it is a state/local issue when clearly as seen here, it is federal and national, and should be resolved in a newly revamped Constitution-supporting court system (after the many traitors are flushed from those judicial ranks) via impartial and properly-functioning checks and balances. Bottom line: Unconstitutional and illegal property tax schemes need to be addressed at the federal level (initiated up through the court system), and policy discussions should be taking place in an effort to tackle this nationwide criminal practice.
The Courts are the way to proceed forward with unconstitutional property taxes - not the state and county executive branches. The way forward is called âChecks And Balancesâ. (And the unconstitutional ruling of a traitorous paid-off judge does not change the fact that property taxes are unconstitutional and illegal. Nor does such a repugnant (null and void) ruling set any valid judicial precident. It simply means that we need more rope and more housecleaning).
When you buy YOUR PROPERTY, ITS YOURS not a FEDERAL or STATE or CITY RENTAL⌠this needs to be at ALL LEVELS