Free Inhabitant v. State Citizen / US Citizen

45 minute, Microsoft PowerPoint Presentation, with Audio, by Paul John Hansen, Counsel / Lawyer

Titled as:   Free Inhabitant One A

1. How to understand the basics of removing ones private property from the County Tax Roles.

2. How to avoid the duty of an arraignment when given any statutory citation by any government agent of the US, County, State, or City.

3. How to separate yourself from any liability to file any Federal/IRS tax form 1040, 1099, etc.

4. How to understand the “exclusive Legislative Authority” of all US, State, County, and City limitations.

5. How to keep the liability to prove any duty or “alleged” duty upon the US, State, County, or City.

6. How to vacate any US court judgment made without fact evidence of “exclusive Legislative Authority” on the public record.

7. How to get an English Common Law court judgment, and have it recognized as valid, by all US agents/courts.

SEE>   Presentation

This Presentation may be the best 45 minutes of your life, very informative, highest of quality.

Some Lawyers have said that this is the best find in the history of the UNITED STATES OF AMERICA.

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

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Jurybegone Formula, + Free Inhabitant Court

A short story explaining the easiest way to get out of having to “serve” as a juror in your own state, in any US court.

I play water polo with a club team and last week while we were in the locker room getting ready to jump in the pool, a fellow teammate was complaining that he was going to miss the next practice because he was chosen to serve on a jury for an upcoming trial. He was only being paid $15 per day versus the $250 per day his normal earnings yielded so he was not a happy camper. I told him that I know an easy way to get out of jury duty every single time and of course, everyone in the locker room wanted to know, including one of my attorney friends that happened to be there as well. So I continued, “the first thing you need to do is to look up online for your own state’s requirements to be a qualified juror. In California, the very first requirement is to be “A domiciliary of the State of California.” Then you must understand what that means…so I asked them all if they knew. Well no one spoke up including the attorney, but they were all listening. I said, “a domiciliary of the State of California is an individual that resides in the State of California.” So then I asked, do you reside in the state of California?  He said I think so but then he did not know how to prove it to himself. So I explained to him that first of all one must know WHERE the State of California (SOC) is located. Now most people believe that the SOC is a geographic region, right? Well, it’s not and upon close inspection of the Organic Laws of the USA and the State of California Constitution, one arrives at the correct answer. I gave them a hint; I told them in Article III Section I of the California Constitution is the following sentence: “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 “land” being referred to is federal territory so the State of California is the land owned by and under the exclusive legislated jurisdiction of the United States of America. (And does not include land not owned by the USA, which is probably where most readers live.) So now I asked, “do any of you have a permanent residence on or in federal territory i.e. a state park or military base?”, Of course, every single one of them said they have never resided on federal land because no one is allowed to be domiciled on federal land, except for a park ranger or two, and they are federal employees that are required to reside there for employment purposes only.

So then, the question of the juror dilemma is easily answered by disqualifying oneself from jury duty based on facts of law. (Therefore you do not qualify and are in fact legally bared)  You can’t possibly be a domiciliary of the State of California or a citizen of the United States because you do not reside in either one of those places. The Articles of Confederation, November 15, 1777 provide the necessary alternative to being a U.S. citizen:

Article IV. “The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them.

I almost forgot to mention that my water polo buddy showed up Friday for practice because he had successfully disqualified himself from jury duty. Bingo! Thanks for reading.

Moral of this story: Knowing the truth about yourself is very important.Doug Herich  (Close friend of Paul John Hansen, meet vi EDRIVERA.COM)

(( Also a friend of mine (Dale) from Missouri, he sends in a letter stating that he would be commuting perjury for filling out the jury pool documents, for only a US domiciled person qualifies. PH
I, Hansen, told the Douglas County jury pool office this and they threaten me with charges of tampering with the jury process, I said read the written law that is what it is “written” for, and then promptly scedattled.  PH))
Doug how do you spell scedattled?
(( If you are interested in joining a list of people in Nebraska and Iowa that wish to be on the common law jury pools, contact me and we will get you listed.  Common Law juries need not be county specific.  This opportunity is great for retired men and women who have years of wisdom under their hat.  Plus it gives you an opportunity to learn of what a free inhabitants protection is as to the shelter of the people’s jury, which is far different than a US court, with a US agenda and foremost protects the cartels such as large banks, Bar Association,  insurance companies, etc. ))
Contact:  Paul John Hansen, 402-541-6023,  pauljjhansen@hotmail.com

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Common Law Jury, Jury Duty, Jury Pool | 12 Comments

Hovind’s Friends Called to Rally. 3 not easily broken.

((Dr. Kent Hovind the World recognized Christian expert on the fallacy of evolution.))

To: Pastor Chuck Smith
Calvary Chapel Costa Mesa
3800 S Fairview St, Santa Ana, Ca 92704, 6-17-2011

To: Chuck Missler
c/o Koinonia House
P.O. Box D
Coeur d’Alene, ID 83816-0347

Re: Our brother has been kidnapped, raped, and killed – (12 tribes – Judges 19:29)

From: Christian Science Evangelism (CSE) Ministries (DR. Kent Hovind)

By- Paul John Hansen, as CSE Trustee, Legal Counsel, 1548 N 19, Omaha, NE 68110  402-541-6023  pauljjhansn@hotmail.com, 2peter3.com,  https://www.facebook.com/2peter3

Kent Hovind has been maliciously attacked and framed by the US Court System with the aid of his Attorney.

Kent did not do one thing in violation of the US written Law, the said law was misapplied, Kent as a ‘free inhabitant’ as clearly recognized, in the first two constitutions of, Article IV of the Articles of Confederation of 1777 and Declaration of Independence 1776. To listen to a presentation on the law basis of “free inhabitant independence, contact me, and I’ll send you the PowerPoint audio/text 35-minute package.  A fact in law every Christian attorney has told me that should be taught to the Church.

Our brother needs a hand, the US government, which is only “a” government, not “the” government in Florida, has kidnapped Kent.  Kent has been prosecuted for various written laws that do not even have a semblance of force and effect on Kent or his Ministry.  He was singled out, just as wolves attack and fatigue a water-buffalo to his death as a 1000 other powerful water-buffalo watch, without the natural instinct that they could easily overpower the wolves.

We the Church, Americans, have lost our natural instinct to defend the individual being attacked. As Thomas Jefferson said; “they piecemeal us until there is nothing left to defend.” Those who have the ability to understand should have marched by the thousands to stop this attack.  They pick us off one by one as the herd runs without even looking back.

Is there not a cause, dose not an affliction on one touch all. Many are called to help, few are chosen. Be of the men of great valor and say here I am Lord chose me.

As legal counsel for Kent we have some powerful argument, more fully explained in the said presentation, before the Court, an argument that they have no defense to, the written law is the very chain upon government that keeps the beast from attacking its master. See attached Brief.

Email me if the lord lays a burden on you of prayer that leads to action. Exposing their violation of their written constraints is paramount, yes the US government is forbidden to do to Kent, His Family, and His (The Lords) Ministry, what they have been doing for the last ten years.

Must we cut the remains into twelve pieces to get a response?

If believers do not stand together the world will insure we hang together.

The freedom that Kent stood for is against the goals of the powers that be, to the extent, to warrant his assassination.  History does repeat upon many innocent men.

Exposure is what is needed NOW:

  1. Radio,
  2. TV, (The producer of EXPELLED is working on a movie script of Kents experience presently.)
  3. Pulpit announcements,
  4. Media, Radio-Talk Shows-News Papers-etc.
  5. Word of mouth,
  6. Internet blogs,
  7. Youtube,
  8. Write the Prosecutor, Judge, etc. (I can give recommendation of who/what to write.)
  9. Letters to Governors, Senators and Congress.

I can put a legal presentation together that is specific for Kent’s defense provided we have a family of supporters that are interested in distributing the material.

Rally as if it were you, though innocent, confined for ten years. Kent has even been forbidden to lead bible studied one on one. If now one says anything Kent will be held, in violation of God’s law and mans written law, for another 4.5 years.

Paul John Hansen, as CSE Trustee, and Kent’s Legal Counsel

Kent needs us to rally now.

>>>>

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA )         Case No.  3:06cr83/MCR

)3:10cv487/MCR/EMT

VS  SUPPORTING Amicus BRIEF

NOTICE of Written Law.

Kent E Hovind)

Brief in support of the Motion to Vacate, dated /filed on April 18, 2011, by Hovind, pursuant to the Organic Laws of the United States of America and the territorial limitations set forth by the written law of the United States. These organic laws are positive law and can be found listed as such in Volume 1 (One) of the United States Code as follows: 1. Declaration of Independence 2. Articles of Confederation 3. Ordinance of 1787: The Northwest Territory Government 4. Constitution of the United States and Amendments

Brief

The organic laws of the land that the acts took place on, or type/owner of the land that is the subject of this case, is found in the United States Code, under the title of “ORGANIC LAWS OF THE UNITED STATES OF AMERICA”, and these organic laws are: 1. Declaration of Independence

2. Articles of Confederation

3. Ordinance of 1787: The Northwest Territory Government

4. Constitution of the United States and Amendments

I, Kent Hovind have openly declared myself as a 'free inhabitant' according to Article IV of the Articles of Confederation, November 15, 1777.  Pursuant to these Articles of Confederation;
Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them. The following from the Declaration of Independence of July 4, 1776
requires no proof:
“WE 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.”
    The equality of men and the unalienable nature of their rights precludes,
 for example, the unlawful taking of the life of one man by all of the other
men.  No unlawful act is made lawful by the complicity of the entire society.
 The logic of a completely righteous society rests on a supernatural Creator,
which is the premise of the First and Second Organic Laws, the Declaration
of Independence and Articles of Confederation of November 15, 1777.  Article
IV of the Articles of Confederation actually requires the States of the
United States of America to grant privileges and immunities without requiring
allegiance from those within the state who will not submit to majority vote
and rule. Unalienable rights are not subject to majority vote, so they are
secured in the Articles of Confederation by imposing duties on government
without a direct means of raising revenue.

The Third Organic Law establishes a temporary government for the Northwest Territory owned by the United States of America. The Northwest Ordinance of July 13, 1787 establishes majority rule subject to the supervision of the United States in Congress assembled under the Articles of Confederation.

The Fourth Organic Law, the ‘Constitution United States of America’ 1787, is the official title given, in volume one of the United States Code, for the Constitution of the United States, which results when nine States ratify the Constitution of September 17, 1787 and George Washington takes an oral oath to preserve, protect and defend the Constitution of the United States.  This Constitution makes permanent the House of Representatives established by the Northwest Ordinance of July 13, 1787.

Although the House of Representatives consists of Representatives elected by the majority vote of citizens of all the States, that vote can still have no effect on the unalienable rights of the free inhabitants of the states. The legislative power of the House of Representatives is limited to the territory owned by or ceded to the United States of America, hence, the title Constitution of the United States of America 1787, confirms it is a revision of the Articles of Confederation. That nomenclature alone should be sufficient to dispel the unfounded claim that the Constitution of the United States replaced or superseded the Articles of Confederation.

The Legislative jurisdiction of the United States must be established, on the face of the record, by the accuser, shown as PLAINTIFF, before any of the written laws contained therein may be properly applied, for the Court has jurisdiction only by the accuracy of the pleadings placed before it by the moving party. Essentially if the subject Land was not owned by the United States of America, a United States court can not have exclusive Legislative authority/permission to prosecute Kent Hovind, such is forbidden.

In relation to the Defendant, there is no evidence on the record to support any claim that Kent Hovind is a citizen of the United States. To the contrary, of all practical efforts, Kent Hovind has openly declared himself an Article IV “free inhabitant and reserves for himself all the privileges and immunities granted to him by virtue of the Articles of Confederation heretofore recognized as positive-law of the United States of America.

Regardless of the deceptive practices of certain employees of government referred to herein as PLAINTIFFS and agents of the United States, the court must insist as I do that the territorial limitations of the United States be established with written proof of the territorial jurisdiction of the United States before any attempt may be made to prosecute, or detain, Kent Hovind in any court of the United States.  An attempt to bypass the Defendants challenge, of exclusive Legislative jurisdiction, shall be deemed inconsistent with the Organic Laws of the United States of America, and every codification of written law that has followed.

Thus firmly establishing what any court of common law (common law defined as the English Common Law as it was used in the 13 American colonies in the year of 1780.), by like free inhabitants, would determine, if Kent was ever given his right as to a fair trial on land not owned/governed by the United States of America. Then firmly establishing Kent’s right of independence from the United States Legislation that is established in the United States Constitution and it’s relationship with the Land called the Northwest ordinance and like land as found in the following written law:

DISTRICT COURTS “ Title 28 USC, CHAPTER 5 – DISTRICT COURTS -MISC1-Sec. 81. Alabama. 81A. Alaska. 82. Arizona. 83. Arkansas. 84. California. 85. Colorado. 86. Connecticut. 87. Delaware. 88. District of Columbia. 89. Florida. 90. Georgia. 91. Hawaii. 92. Idaho. 93. Illinois. 94. Indiana. 95. Iowa. 96. Kansas. 97. Kentucky. 98. Louisiana. 99. Maine. 100. Maryland. 101. Massachusetts. 102. Michigan. 103. Minnesota. 104. Mississippi. 105. Missouri. 106. Montana. 107. Nebraska. 108. Nevada. 109. New Hampshire. 110. New Jersey. 111. New Mexico. 112. New York. 113. North Carolina. 114. North Dakota. 115. Ohio. 116. Oklahoma. 117. Oregon. 118. Pennsylvania. 119. Puerto Rico. 120. Rhode Island. 121. South Carolina. 122. South Dakota. 123. Tennessee. 124. Texas. 125. Utah. 126. Vermont. 127. Virginia. 128. Washington. 129. West Virginia. 130. Wisconsin. 131. Wyoming.

HISTORICAL AND REVISION NOTES Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.

Ever since the Northwest Ordinance of July 13, 1787, the “district” in federal written law has referred to the territory subject to the exclusive legislative power of the United States in Congress assembled, which was revised by the Constitution of September 17, 1787, to be the Congress of the United States. When analyzed, that sentence reveals that the territorial composition of each judicial district of the federal trial courts is the federal territory located within the outer perimeter of the federal counties that comprise the judicial districts of  the United States district courts.

The above is what any graduating student of written law should know foremost, for is not foundational jurisdiction where every judgment has its force and effect of law, law as to a proprietary right, be it granted or held by force, and that is in this case the exclusive Legislation that is reference below, for it only applies to land that is owned, within the exterior boundaries of the state called Florida, for example, being more specific one would say the 89th District in the state of Florida, which is called STATE OF FLORIDA, for it is an inseparable subdivision of the United States which is a corporation as proven by referencing the following: 28 U.S.C. PART VI CHAPTER 176  SUBCHAPTER A § 3002(14) (15)(A): (15) United States means (A) a Federal corporation; the local District Attorney is limited to crimes committed on federal territory within the county.

Needless to say that the District of Columbia is indisputably known as USA owned land, then so must be the like District 89. as listed above as Florida. The question shall never dissipate as to-does the Plaintiff have factual evidence and does the record show, that the acts that Kent Hovind was accused of doing, where they have done in the said District 89. Florida?

Am I saying the local District Attorney that prosecuted Kent Hovind is limited to crimes committed on federal territory within the county? That is exactly what I am saying and also what I have proven with the Organic Laws of the United States of America and Title 28, Chapter 5 under Historical Revisions and Notes as specified in the United States Code as positive law. What better proof than the fact that all government in the United States is limited to the land owned by, ceded to and under the exclusive jurisdiction of the United States of America. In addition, all trial jurors in Florida must be U.S. citizens and “residents of the State of Florida, which I also have discovered was never established by the PLAINTIFF’S in my trial. The State of Florida is both the name of the government and the federal territory in Florida. The written law in the State of Florida clearly states:

CRIMINAL STATUTES 913.03 Grounds for a challenge to individual jurors for cause. A challenge for cause to an individual juror may be made only on the following grounds:  (1) The juror does not have the qualifications required by law;

Now knowing that all corporations created by the United States of America and referenced in the USC, are also undisputable, an inseparable entity to its creator the United States of America, and that it is clearly limited by written authority, one can not deny that that limitation included what land such authority can it act on, as evidence in the written law below, for no person acting for the United States of America can rest in ignorance of the written law, and stay justified, but rather if such occurs it has a duty to correct immediately:

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And Article I, Section 8, (par.17) USA Const. 1787

This is the beauty of the Land between Canada and Mexico for it is a land of written law as associated with all governance associated with the United States of America, a/the Confederacy, and its creation such as is called the UNITED STATES, a corporation, and in this captioned case the STATE OF FLORDIA, a like corporation.

Therefore ignorance of the law shall not stand, this captioned Administrative Court, called  THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION is herein noticed that it only has authority to enforce written law derived from the above stated exclusive Legislation of it’s written charter. For was it not Thomas Jefferson that said; “ In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.  This was in reference to the very Constitution articles presented in this Brief.  How can any one argue with such a reference from the floor of the assembly that was/is deemed the founders of these great states united. As the Pharo’s of old say; So it is written so it shall be.

Such is the captioned Court of this case, for it is not a free inhabitant judicial court but rather an administrative, statutorily governed, entity created only to administrate its subjects and acts on its owned Land, as a proprietary function, constrained by the aforementioned Organic Laws found in its own published written law, the USC.

Such limited exclusive Legislation (territorial, proprietary, jurisdiction), cannot be enlarged or diminished by inadvertence, ignorance, mistake, claim, waiver, ordered estoppels, or force of arms.

If the record has no evidence, or more importantly, if fact evidence is ever proven that the United States of America did not own the Land that Kent Hovind was alleged as doing acts on in relation to the charges of this captioned case, all acts of this caption Court is a nullity, having no legal validity, and most surely no lawful validity. For truly the claim had to be brought into a court of jurisdiction in relationship to land not owned by the United States of America.

No court of the United States, a possession of the United States of America, can trick, or hold, any free inhabitant into being subject to its orders (administration), written law, law of the (USA) land, for if the acts in question did not occur on land that the administrator had permission to govern, branching from exclusive Legislation, of the United States of America, by the United States, it is highly demanded that that any such order be vacated upon such notice. Obey the gentle chains of the USA and US Constitutions and vacate all charges, against Kent Hovind, that this Brief clearly makes vacate-able.

___________________________

Paul John Hansen, as Amicus Curiae,

Care Of – Paul John Hansen,

Law Counsel

1548 N 19th Street,

Omaha, Nebraska,

Not a resident address.

Certificate of Mailing

I, the signed, Paul John Hansen to certify having, this same day of May 26, 2011, mailed the above ten (10) page Brief to the Court titled as IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION, 1 Palafox St. Pensacola Florida 32502, post paid, vi first-class, US Postal Service mailing. Mailed by Hansen as additional proof of Notice of the established written law. CC sent to US Atty 21 E Garden St Pensacola, Fl 32505 for Kent Hovind as additional mailing Notice/Brief.

____________________________

Paul John Hansen

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Hovind | 2 Comments

Exclusive Legislative Authority, jurisdiction challenge, promulgation.

((Dr. Kent Hovind the World recognized Christian expert on the fallacy of evolution.))

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

 

UNITED STATES OF AMERICA    )      Case No.  3:06cr83/MCR

)                       3:10cv487/MCR/EMT

VS                                                     )        SUPPORTING Amicus BRIEF

)        NOTICE of Written Law.

Kent E Hovind                                    )

Brief in support of the  Motion to Vacate, dated /filed on April 18, 2011, by Hovind, pursuant to the Organic Laws of the United States of America and the territorial limitations set forth by the written law of the United States.  These organic laws are positive law and can be found listed as such in Volume 1 (One) of the United States Code as follows:    1. Declaration of Independence 2. Articles of Confederation     3. Ordinance of 1787: The Northwest Territory Government    4. Constitution of the United States and Amendments

Brief

The organic laws of the land that the acts took place on, or type/owner of the land that is the subject of this case, is found in the United States Code, under the title of “ORGANIC LAWS OF THE UNITED STATES OF AMERICA”, and these organic laws are:           1. Declaration of Independence

2. Articles of Confederation

3. Ordinance of 1787: The Northwest Territory Government

4. Constitution of the United States and Amendments

    I, Kent Hovind have openly declared myself as a “free inhabitant”
according to Article IV of the Articles of Confederation, November 15, 1777.
 Pursuant to these Articles of Confederation;
Article IV. “The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union, the 
free inhabitants of each of these States, paupers, vagabonds and fugitives from
justice excepted, shall be entitled to all privileges and immunities of free
citizens in the several States; and the people of each State shall have free
ingress and regress to and from any other State, and shall enjoy therein all
the privileges of trade and commerce,
subject to the same duties, impositions and restrictions as the inhabitants
thereof respectively, provided that such restrictions shall not extend so far
as to prevent the removal of property imported into any State, to any other
State of which the owner is an inhabitant; provided also that no imposition,
duties or restriction shall be laid by any State, on the property of the
United States, or either of them.”
    The following from the Declaration of Independence of July 4, 1776
requires no proof:
“WE 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.”
    The equality of men and the unalienable nature of their rights precludes,
 for example, the unlawful taking of the life of one man by all of the other
 men.  No unlawful act is made lawful by the complicity of the entire society.
  The logic of a completely righteous society rests on a supernatural
Creator, which is the premise of the First and Second Organic Laws, the
Declaration of Independence and Articles of Confederation of November 15,
1777.  Article IV of the Articles of Confederation actually requires the
States of the United States of America to grant privileges and immunities
without requiring allegiance from those within the state who will not submit
 to majority vote and rule. Unalienable rights are not subject to majority
 vote, so they are secured in the Articles of Confederation by imposing
duties on government without a direct means of raising revenue.

The Third Organic Law establishes a temporary government for the Northwest Territory owned by the United States of America.  The Northwest Ordinance of July 13, 1787 establishes majority rule subject to the supervision of the United States in Congress assembled under the Articles of Confederation.

The Fourth Organic Law, the “Constitution United States of America—1787,” is the official title given, in volume one of the United States Code, for the Constitution of the United States, which results when nine States ratify the Constitution of September 17, 1787 and George Washington takes an oral oath to “preserve, protect and defend the Constitution of the United States.”    This Constitution makes permanent the House of Representatives established by the Northwest Ordinance of July 13, 1787.

Although the House of Representatives consists of Representatives elected by the majority vote of citizens of all the States, that vote can still have no effect on the unalienable rights of the free inhabitants of the states.  The legislative power of the House of Representatives is limited to the territory owned by or ceded to the United States of America, hence, the title “Constitution of  the United States of America—1787,” confirms it is a revision of  the Articles of Confederation.   That nomenclature alone should be sufficient to dispel the unfounded claim that the Constitution of the United States replaced or superseded the Articles of Confederation.

The Legislative jurisdiction of the United States must be established, on the face of the record, by the accuser, shown as PLAINTIFF, before any of the written laws contained therein may be properly applied, for the Court has jurisdiction only by the “fact” accuracy of the pleadings placed before it by the moving party.  Essentially if the subject Land was not owned by the United States of America, a United States court can not have exclusive Legislative authority / permission to prosecute Kent Hovind, such is forbidden.

In relation to the Defendant, there is no evidence on the record to support any claim that Kent Hovind is a citizen of the United States.   To the contrary, of all practical efforts, Kent Hovind has openly declared himself an Article IV “free inhabitant” and reserves for himself all the privileges and immunities granted to him by virtue of the Articles of Confederation heretofore recognized as positive law of the United States of America.

Regardless of the deceptive practices of certain employees of government referred to herein as PLAINTIFFS and “agents of the United States”, the court must insist as I do that the territorial limitations of the United States be established with written proof of the territorial jurisdiction of the United States before any attempt may be made to prosecute, or detain, Kent Hovind in any court of the United States.  An attempt to bypass the Defendants challenge, of exclusive Legislative jurisdiction, shall be deemed inconsistent with the Organic Laws of the United States of America, and every codification of written law that has followed.

Thus firmly establishing what any court of “common law” (“common law” defined as the English Common Law as it was used in the 13 American colonies in the year of 1780.), by like free inhabitants, would determine, if Kent was ever given his right as to a fair trial on land not owned/governed by the United States of America.  Then firmly establishing Kent’s right of independence from the United States Legislation that is established in the United States Constitution and it’s relationship with the Land called the Northwest ordinance and like land as found in the following written law:

DISTRICT COURTS – Title 28 USC, CHAPTER 5 – DISTRICT COURTS -MISC1-         Sec. 81. Alabama. 81A. Alaska. 82. Arizona. 83. Arkansas. 84. California. 85. Colorado. 86. Connecticut. 87. Delaware. 88. District of Columbia. 89. Florida. 90. Georgia. 91. Hawaii. 92. Idaho. 93. Illinois. 94. Indiana. 95. Iowa. 96. Kansas. 97. Kentucky. 98. Louisiana. 99. Maine. 100. Maryland. 101. Massachusetts. 102. Michigan. 103. Minnesota. 104. Mississippi. 105. Missouri. 106. Montana. 107. Nebraska. 108. Nevada. 109. New Hampshire. 110. New Jersey. 111. New Mexico. 112. New York. 113. North Carolina. 114. North Dakota. 115. Ohio. 116. Oklahoma. 117. Oregon. 118. Pennsylvania. 119. Puerto Rico. 120. Rhode Island. 121. South Carolina. 122. South Dakota. 123. Tennessee. 124. Texas. 125. Utah. 126. Vermont. 127. Virginia. 128. Washington. 129. West Virginia. 130. Wisconsin. 131. Wyoming.

HISTORICAL AND REVISION NOTES Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.

Ever since the Northwest Ordinance of July 13, 1787 the “district” in federal written law has referred to the territory subject to the exclusive legislative power of the United States in Congress assembled, which was revised by the Constitution of September 17, 1787, to be the Congress of the United States.    When analyzed, that sentence reveals that the territorial composition of each judicial district of  the federal trial courts is the federal territory located within the outer perimeter of the federal counties that comprise the judicial districts of  the United States district courts.

The above is what any graduating student of written law should know foremost, for is not foundational jurisdiction where every judgment has its force and effect of law, law as to a proprietary right, be it granted or held by force, and that is in this case the “exclusive Legislation” that is reference below, for it only applies to land that is owned, within the exterior boundaries of the state called Florida, for example, being more specific one would say the 89th District in the state of Florida, which is called STATE OF FLORIDA, for it is a inseparable subdivision of the United States which is a corporation as proven by referencing the following: 28 U.S.C. PART VI CHAPTER 176  SUBCHAPTER A § 3002(14) (15)(A): (15) “United States” means—    “(A) a Federal corporation;”  the local District Attorney is limited to crimes committed on federal territory within the county.

Needless to say that the District of Columbia is undisputable known as USA owned land, then so must be the like District 89. as listed above as Florida.  The question shall never dissipate as to- “does the Plaintiff have fact evidence, and does the record show, that the acts that Kent Hovind was accused of doing, where they done in the said District 89. Florida?

Am I saying the local District Attorney that prosecuted Kent Hovind is limited to crimes committed on federal territory within the county?   That is exactly what I am saying and also what I have proven with the Organic Laws of the United States of America and Title 28, Chapter 5 under Historical Revisions and Notes as specified in the United States Code as positive law.  What better proof than the fact that all government in the United States is limited to the land owned by, ceded to and under the exclusive jurisdiction of the United States of America.  In addition, all trial jurors in Florida must be U.S. citizens and “residents of the State of Florida”, which I also have discovered was never established by the PLAINTIFF’S in my trial.  The State of Florida is both the name of the government and the federal territory in Florida.  The written law in the State of Florida clearly states:

CRIMINAL STATUTES 913.03 Grounds for challenge to individual jurors for cause.–A challenge for cause to an individual juror may be made only on the following grounds:  (1) The juror does not have the qualifications required by law;

Now knowing that all corporations created by the United States of America and referenced in the USC, are also undisputable, an inseparable entity to its creator the United States of America, and that it is clearly limited by written authority, one can not deny that that limitation included what “land” such authority can it act on, as evidence in the written law below, for no person acting for the United States of America can rest in ignorance of the written law, and stay justified, but rather if such occurs it has a duty to correct immediately:

“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And”     Article I, Section 8, (par.17) USA Const. 1787

This is the beauty of the Land between Canada and Mexico for it is a land of written law as associated with all governance associated with the United States of America, a/the Confederacy, and its creation such as is called the UNITED STATES, a corporation, and in this captioned case the STATE OF FLORDIA, a like corporation.

Therefore ignorance of the law shall not stand, this captioned Administrative Court, called  THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION is herein noticed that it only has authority to enforce written law derived from the above stated “exclusive Legislation” of it’s written charter.  For was it not Thomas Jefferson that said; “ In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”   This was in reference to the very Constitution articles presented in this Brief.  How can any one argue with such a reference from the floor of the assembly that was/is deemed the founders of these great states united.    As the Pharos’s of old say; “So it is written so it shall be.”

Such is the captioned Court of this case, for it is not a free inhabitant judicial court but rather an administrative, statutorily governed, entity created only to administrate its subjects and acts on its owned Land, as a proprietary function, constrained by the aforementioned Organic Laws found in its own published written law, the USC.

Such limited exclusive Legislation (territorial, proprietary, jurisdiction),  can not be enlarged or diminished by inadvertence, ignorance, mistake, claim, waiver, ordered estoppels, or force of arms.

If the record has no evidence, or more importantly, if fact evidence is “ever proven” that the United States of America did not own the Land that Kent Hovind was alleged as doing acts on in relation to the charges of this captioned case, all acts of this caption Court is a nullity, having no legal validity, and most surly no lawful validity.  For truly the claim had to be brought into a court of jurisdiction in relationship to land not owned by the United States of America.

No court of the United States, a possession of the United States of America, can trick, or hold, any free inhabitant into being subject to its orders (administration), written law, law of the (USA) land, for if the acts in question did not occur on land that the administrator had permission to govern, branching from exclusive Legislation, of the United States of America, by the United States, it is highly demanded that that any such order be vacated upon such notice.  Obey the gentle chains of the USA and US Constitutions and vacate all charges, against Kent Hovind, that this Brief clearly makes vacate-able.

___________________________

Paul John Hansen, as Amicus Curiae,

Care Of – Paul John Hansen,

Law Counsel

1548 N 19th Street,

Omaha, Nebraska,

Not a resident address.

Certificate of Mailing

I, the signed, Paul John Hansen to certify having, this same day of May 26, 2011, mailed the above ten (10) page Brief to the Court titled as IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION, 1 Palafox St. Pensacola Florida 32502, post paid, vi first-class, US Postal Service mailing. Mailed by Hansen as additional proof of Notice of the established written law.    CC sent to US Atty 21 E Garden St Pensacola, Fl 32505 for Kent Hovind as additional mailing Notice/Brief.

____________________________

Paul John Hansen

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Hovind, Jurisdiction / Territorial | 2 Comments

Hovind, Kent – Attorney General Notice

 

NOTICE

TO: Robert Stinson, USA Attorney, Tallahassee, Suite 400, 111 N Adams St., Florida, 32301

CC TO: Attorney General, Pam Bondi, State of Florida, The Capitol PL-01, Tallahassee, FL 32399-1050

FROM: Paul John Hansen, Trustee, Counsel for Kent Hovind, 1548 N 19, Omaha, Nebraska, without the United States. 402-957-2853

RE: Notice of Violation of Written Law

The United States of America has claimed that Kent Hovind violated various US Codes, to which he received a ten+ year sentence by THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION, Case No.: 3:06cr83/MCR

 

This is a Notice of the violation of the acting Attorney(s) as to practicing law outside of their licensed jurisdiction, for a licensed attorney only has permission to practice law within the United States.

As there is no evidence, that the acts that Kent Hovind was accused of doing, occurred on land that was owned by the United States of America at the time of the alleged crime.  Or the subject land as addressed hereafter is in the same said jurisdiction of the US court, USC.

All US written law have force derived from permission, as associated with proprietary right.  All US written law is exclusively legislated for specific land, that being land owned by the United States of America and lacks such written permission to be enforced on land not owned by the United States of America. Said fact cannot be altered or affected by any court, plaintiff, or defendant.

No sustainable evidence exist that supports that Kent Hovind is a type subject to any US written law when occupying land not owned by the United States of America.

All written laws have territorial limitations and the United States is no different from any other government in that respects (a jurisdictional component).  You, as a/the USA Attorney MUST understand that statement because not only is this your job, you have taken an oath to uphold the written laws of the United States at all times.  Your profession requires that you obey the written laws AND its limitations regardless of the implications that the truth may have on you.

You are licensed to practice law ONLY in the United States and this is something that you may have overlooked in the past, but you can no longer ignore because I am bringing it to your attention right here and right now.

What is relevant remains the fact that you are now informed that you are, have been, practicing law outside of the territorial jurisdiction of the United States and as such have been providing legal advice to your client/employer, to act outside of the United States, is a clear violation of the standards contained in the Rules of Professional Conduct of the Association from whom you derive your license to practice law.

Florida Rules of Professional Conduct

3 RULES OF DISCIPLINE
3-3 JURISDICTION TO ENFORCE RULES

RULE 3-3.1 SUPREME COURT OF FLORIDA; DISCIPLINARY AGENCIES

“The exclusive jurisdiction of the Supreme Court of Florida over the discipline of persons admitted to the practice of law shall be administered in the following manner subject to the supervision and review of the court.

Rule 4-1.2 Scope of Representation

(d) Criminal or Fraudulent Conduct

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent.

Rule 4-5.5 Unauthorized Practice of Law

A lawyer shall not:

(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unlicensed practice of law.

Representing the United States of America, the Confederacy, interests is always important but your duty to obey all the written laws of the United States is paramount and demands truthfulness from you regardless of the requests of your client.

The Organic Laws of the United States of America are still positive law and the territorial limitations have been clearly explained and demonstrated in written law so you have no excuse for ignorance of that law.  Ignorance of the law is no excuse for professional legal counsel in any case but you have now been informed by us/me in writing as to your violations of written law and my demand for your acknowledgement of the truth about the laws that bind you as an officer of the court and a licensed attorney. You permission is limited by written law, period.  For you to prove otherwise is futile.

Inform your client of the truth and instruct them accordingly as the written laws of the United States and Rules of Professional Conduct dictate you do. This is to be done before June 22, 2011, for your involvement in the sale of two homes that rightfully remain a possession of two Trusts that I manage. The subject properties are addressed, by you as, 5720 North Palafox Highway, and, 5800 block North Old Palafox Street, both of Pensacola, Florida.

You have advised the United States of America and a United States Court to apply the US Code to land not subject to that written law, in conjunction where your license to practice law does not reach.  Stop the damage now, correct this error immediately.

People such as Kent and Jo Hovind, as well as the said Trusts, that are domiciled outside of the land owned by and under the exclusive legislated jurisdiction of the United States of America have all the rights and immunities as citizens but are/as free inhabitants, not citizens (subjects) of the United States and its written law.  Kent or Jo, or the Trusts, have never resided or done acts, in the United States, therefore, you can not prove they are subject to the U.S. written law, or within the scope of your licensed authority to practice law.

Article IV free inhabitant are a fact of life, and you must accept the Articles of Confederation of November 15, 1777 as positive law pursuant to the adoption of these articles and demonstrated in the Organic Laws of the United States of America.  Such written law exists to prevent the very actions that your personal acts have accomplished, yet all done outside of the clearly written law.   Wow to those, says the Bible, who do such acts intentionally.

This NOTICE / Declaration in written form is simply further evidence of our status and a notice to all who may be reading this letter as to the facts of law already established in the Organic Laws which can easily be found in Volume 1 of the United States Code, Titles 1-5.  May I suggest you purchase a copy for your law library if you do not already own one.  Verify this for your own professional edification and that of your associates.  A reply from you as the USA Attorney is not necessary, but is advised, to evidence these facts of law presented to you.  Consider this consorted notice given to you, in your capacity as an Attorney for the United States of America regarding your inability to practice law in that capacity/location as a Bar licensed attorney.

The governments of the States are proprietary governments possessing authority over the Federal lands located within the outer boundaries of the states and are called, for purposes of distinction, The State(s) of All proprietary jurisdiction is limited by statute found in Chap 5 of Title 28 of the United States Code to the land owned by and ceded to the United States of America and the subject Land from which you arrested Kent and Jo Hovind, is not land owned by or ceded to the United States of America. Surely you have been trained to look to see if the swimming pool is full of water before you dive-in, or throw someone else in. All acts done without Legislative permission leaves one standing alone with no immunity.

I can only conclude that your acts against the said Land in Trust and the Hovind’s were/are based on assumed “exclusive Legislative Authority (jurisdiction) as to land owned, Places purchased, or ceded, to the United States of America, generally called USA Land, pursuant to Article I, Section 8, (par.17) USA Const. 1787. Now if the bridge is out a motorist best stop and turn around. Your attack upon the Trusts and the Hovind’s lack such Legislative permission. And do you believe you could withstand direct examination as to your claimed jurisdiction? The written law is a picture, worth a thousand word, how can it be disputed.

We are providing further evidence in the sections of United States Code referenced below to reinforce the facts of law provided in the Organic Laws of the United States of America. In Chap 5 of 28 U.S.C., you will find the following under Historical Notes and revisions as cited in positive law as of January 1, 1945.

HISTORICAL AND REVISION NOTES

Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary.

Sections 81 through 131 are the names of 48 States, two territories, the District of Columbia and Puerto Rico. The astute attorney (reader) should notice that “Sections 81- 131 produce 51 Sections — one short. Alaska, the territory on January 1, 1945, is Section 81A. There are 52 Districts on January 1, 1945, and there were 13 Districts on September 24, 1789 the date of the first Judiciary Act, when only 11 States had ratified the Constitution of September 17, 1787.  On the date of the Judiciary Act of 1789 there was no mention of territorial composition because there was NO territory owned by the United States of America in any of the 11 States, which had ratified that Constitution.  By January 1, 1945, the United States of America had purchased/acquired some territory in each of the thirteen original States and retained substantial territory in each of the remaining 35 States. The United States of America owned some territory in Alaska, Hawaii and Puerto Rico and was ceded all jurisdictions there on January 1, 1945. Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945, so each Section from 81 to 131 will show the territorial composition of every class of District. It follows that each of the 48 States will contain territory equal to Section 88 District of Columbia, which consists of territory owned by and under the exclusive legislated jurisdiction of the United States of America otherwise known as U.S. government-owned property or in its simplest form of the English language, federal territory.   See as 89. Florida.

The Constitution referred to in the Declaration of Independence must be an unwritten one, for no one has seen it, but so must the law on the subject Lands be unwritten. The Constitution of the United States is the supreme law of the land and the Constitution of the State of California, for example, presuming the same for the State of Florida, says so in Article 3 Section 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. So the State of Florida is only land owned by the United States of America, a composition of land comparable to the District of Colombia, USA / Confederacy owned land.

The term United States is not the result of sloppy writing by English law experts who just happened to be writing a constitution. The context that determines the different meanings of the term United States is the entire Organic Law of the United States of America. The so-called Framers of the Constitution of 1787 intended the confusion we have with government today and that confusion can only be resolved by confronting those who are claiming power under that instrument.

I have now explained in detail what you, as a licensed attorney and professional legal adviser should already know about the written laws that bind you as an officer of the court and government employee in the contracted capacity as Attorney for the United States of America.  The rest is up to you US Attorney, Robert Stinson, and I thank you for allowing me to clarify this legal obligation for you to tell the truth and not hide behind attorney-client privilege as this so called “privilege” is exempt in this case due to the criminal and fraudulent nature these facts of law expose to the private sector, and public at large, and to you as well, as to the regulating body of your legal profession known as the Florida State Bar Association. What constitutes the US Constitution? Answer US Land, US Law, US People, strike three.

____________________ June 11, 2011

Paul John Hansen, as Kent Hovind counsel, and Trustee of subject Trust property.

Cc – ____________________________________________________________________

Mailing witnessed by:_________________________________________Affidavit.

 

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Attorney / Deception, Jurisdiction / Territorial, Kent CSE Misistry | Leave a comment

Criminal Prosecutor, “ON wrong Land”.

NOTICE

TO: Robert Stinson, USA Attorney, Tallahassee, Suite 400, 111 N Adams St.,  Florida, 32301

FROM: Paul John Hansen, Trustee, Counsel for Kent Hovind, 1548 N 19, Omaha, Nebraska, without the United States.  402-541-6023

RE: Notice of Violation of Written Law

The United States of America has claimed that Kent Hovind violated various US Codes, to which he received a ten+ year sentence by THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION, Case No.: 3:06cr83/MCR

This is a Notice of the violation of the acting Attorney(s) as to practicing law outside of their licensed jurisdiction, for a licensed attorney only has permission to practice law within the United States.

As there is no evidence, that the acts that Kent Hovind was accused of doing, occurred on land that was owned by the United States of America at the time of the alleged crime.  Or the subject land as addressed hereafter is in the same said jurisdiction of the US court, USC.

All US written law have force derived from permission, as associated with proprietary right.  All US written law is exclusively legislated for specific land, that being land owned by the United States of America and lacks such written permission to be enforced on land not owned by the United States of America. Said fact can not be altered or affected by any court, plaintiff, or defendant.

No sustainable evidence exist that supports that Kent Hovind is a type subject to any US written law when occupying land not owned by the United States of America.

All written laws have territorial limitations and the United States is no different from any other government in that respects (a jurisdictional component).  You, as a/the USA Attorney MUST understand that statement because not only is this your job, you have taken an oath to uphold the written laws of the United States at all times.  Your profession requires that you obey the written laws AND its limitations regardless of the implications that the truth may have on you.

You are licensed to practice law ONLY in the United States and this is something that you may have overlooked in the past, but you can no longer ignore because I am bringing it to your attention right here and right now.

What is relevant remains the fact that you are now informed that you are, have been, practicing law outside of the territorial jurisdiction of the United States and as such have been providing legal advice to your client / employer, to act outside of the United Sates, is a clear violation of the standards contained in the Rules of Professional Conduct of the Association from whom you derive your license to practice law.

Florida Rules of Professional Conduct

Rule 4-1.2 Scope of Representation

(d) Criminal or Fraudulent Conduct

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent.

Rule 4-5.5 Unauthorized Practice of Law

A lawyer shall not:

(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unlicensed practice of law.

Representing the United States of America, the Confederacy, interests is always important but your duty to obey all the written laws of the United States is paramount and demands truthfulness from you regardless of the requests of your client.

The Organic Laws of the United States of America are still positive law and the territorial limitations have been clearly explained and demonstrated in written law so you have no excuse for ignorance of that law.  Ignorance of the law is no excuse for professional legal counsel in any case but you have now been informed by us/me in writing as to your violations of written law and my demand for your acknowledgement of the truth about the laws that bind you as an officer of the court and a licensed attorney. You permission is limited by written law, period.  For you to prove otherwise is futile.

Inform your client of the truth and instruct them accordingly as the written laws of the United States and Rules of Professional Conduct dictate you do.  This is to be done before June 22, 2011, for your involvement in the sale of two homes that rightfully remain a possession of two Trusts that I manage. The subject properties are addressed, by you as, 5720 North Palafox Highway, and, 5800 block North Old Palafox Street, both of Pensacola, Florida.

You have advised the United States of America and a United States Court to apply the US Code to land not subject to that written law, in conjunction where your license to practice law does not reach.  Stop the damage now, correct this error immediately.

People such as Kent and Jo Hovind, as well as the said Trusts, that are domiciled outside of the land owned by and under the exclusive legislated jurisdiction of the United States of America have all the rights and immunities as citizens but are/as free inhabitants, not citizens (subjects) of the United States and its written law.  Kent or Jo, or the Trusts, have never resided, or done acts, in the United States therefore you can not prove they are subject to the U.S. written law, or within the scope of your licensed authority to practice law.

Article IV free inhabitant are a fact of life, and you must accept the Articles of Confederation of November 15, 1777 as positive law pursuant to the adoption of these articles and demonstrated in the Organic Laws of the United States of America.  Such written law exists to prevent the very actions that your personal acts have accomplished, yet all done outside of the clearly written law.  Wow to those, says the Bible, who do such acts intentionally.

This NOTICE / Declaration in written form is simply further evidence of our status and a notice to all who may be reading this letter as to the facts of law already established in the Organic Laws which can easily be found in Volume 1 of the United States Code, Titles 1-5.  May I suggest you purchase a copy for your law library if you do not already own one.  Verify this for your own professional edification and that of your associates.  A reply from you as the USA Attorney is not necessary but is advised, to evidence these facts of law presented to you.  Consider this consorted notice given to you, in your capacity as an Attorney for the United States of America regarding your inability to practice law in that capacity/location as a Bar licensed attorney.

The governments of the States are proprietary governments possessing authority over the Federal lands located within the outer boundaries of the states and are called, for purposes of distinction, The State(s) of  all proprietary jurisdiction is limited by statute found in Chap 5 of Title 28 of the United States Code to the land owned by and ceded to the United States of America and the subject Land from which you arrested Kent and Jo Hovind, is not land owned by or ceded to the United States of America.  Surely you have been trained to look to see if the swimming pool is full of water before you dive-in, or throw someone else in.  All acts done without Legislative permission leaves one standing alone with no immunity.

I can only conclude that your acts against the said Land in Trust and the Hovind’s were/are based on assumed exclusive Legislative Authority (jurisdiction) as to land owned, Places purchased or ceded to the United States of America, generally called USA Land, pursuant to Article I, Section 8, (par.17) USA Const. 1787.  Now if the bridge is out a motorist best stop and turn around.  Your attack upon the Trusts and the Hovind’s lack such Legislative permission.  And do you believe you could withstand direct examination as to your claimed jurisdiction?  The written law is a picture, worth a thousand word, how can it be disputed.

We are providing further evidence in the sections of United States Code referenced below to reinforce the facts of law provided in the Organic Laws of the United States of America.  In Chap 5 of 28 U.S.C., you will find the following under Historical Notes and revisions as cited in positive law as of January 1, 1945.

HISTORICAL AND REVISION NOTES

Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary.

Sections 81 through 131 are the names of 48 States, two territories, the District of Columbia and Puerto Rico.  The astute attorney (reader) should notice that Sections 81- 131 produce 51 Sections — one short.  Alaska, the territory on January 1, 1945, is Section 81 (A).  There are 52 Districts on January 1, 1945 and there were 13 Districts on September 24, 1789 the date of the first Judiciary Act, when only 11 States had ratified the Constitution of September 17, 1787.  On the date of the Judiciary Act of 1789 there was no mention of territorial composition because there was NO territory owned by the United States of America in any of the 11 States, which had ratified that Constitution.  By January 1, 1945, the United States of America had purchased/acquired some territory in each of the thirteen original States and retained substantial territory in each of the remaining 35 States.  The United States of America owned some territory in Alaska, Hawaii, and Puerto Rico and was ceded all jurisdictions there on January 1, 1945. Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945, so each Section from 81 to 131 will show the territorial composition of every class of District. It follows that each of the 48 States will contain territory equal to Section 88 District of Columbia, which consists of territory owned by and under the exclusive legislated jurisdiction of the United States of America otherwise known as U.S. government-owned property or in its simplest form of the English language, federal territory. See as 89. Florida.

The Constitution referred to in the Declaration of Independence must be an unwritten one, for no one has seen it, but so must the law on the subject Lands be unwritten. The Constitution of the United States is the supreme law of the land and the Constitution of the State of California, for example, presuming the same for the State of Florida, says so in Article 3 Section 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. So the State of Florida is only land owned by the United States of America, a composition of land comparable to the District of Colombia, USA / Confederacy owned land.

The term United States is not the result of sloppy writing by English law experts who just happened to be writing a constitution. The context that determines the different meanings of the term United States is the entire Organic Law of the United States of America. The so-called Framers of the Constitution of 1787 intended the confusion we have with government today and that confusion can only be resolved by confronting those who are claiming power under that instrument.

I have now explained in detail what you, as a licensed attorney and professional legal adviser should already know about the written laws that bind you as an officer of the court and government employee in the contracted capacity as Attorney for the United States of America.  The rest is up to you US Attorney, Robert Stinson, and I thank you for allowing me to clarify this legal obligation for you to tell the truth and not hide behind attorney-client privilege as this so-called “privilege” is exempt in this case due to the criminal and fraudulent nature these facts of law expose to the private sector, and public at large, and to you as well, as to the regulating body of your legal profession known as the Florida State Bar Association.  What constitutes the US Constitution?  Answer US Land, US Law, US People, strike three.

____________________ June 10, 2011

Paul John Hansen, as Kent Hovind counsel, and Trustee of subject Trust property.

Cc – ____________________________________________________________________

Mailing witnessed by:_______________________________________ Affidavit.

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Attorney / Deception, Jurisdiction / Territorial | Leave a comment

Tax, Property, where, when, why. Not private.

Woody,

The State of California Constitution identifies that property this way: “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.”  This quote is found in Article 3 Section 1 of the State of California of  1879.

Article 4 of  the Northwest Ordinance of July 13, 1787 made the District, the Northwest Territory, forever “a part of  this Confederacy of  the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made.”

The State of California to the extent it is subject to the Constitution of the United States is the territory belonging to the United States of America.

This means the only property that is subject to property taxation is personal property that does not belong to the United States of America.  To be taxable, property must be on territory owned by the United States of America.

A condition to admission of  a State into “this Union” is the promise not to tax what is owned by the United States of America.  This is  just a ploy to suggest the power of State government to tax property.   There is no such power.  The English monarchy had it, but when it left so did that power.

Government lawyers claim the power to tax is inherent in government, but we have proven the Constitution of the United States has not been adopted and the United States is just what is owned by the United States of America.  Taxation is more easily limited to federal territory by putting attorneys where they belong on federal territory.

Ed,   phd, jurist doctorate,  SEE -  edrivera.com

 Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Taxes / Property | 2 Comments

Jurist Doctorate,phd,Challenge Attorney for practicing on private property.

Jurist Doctorate, phd, Challenge Attorney for practicing on private property.

(( City attorney resigns the same day he gets this letter. ))

Attorneys have no permission to practice law on land not owned by the USA, City, County, or State.

June 1, 2011

City of Manhattan Beach City Hall
Leland Dolley, Legal Counsel
1400 Highland Avenue
Manhattan Beach, CA 90266

Re:  2000 Mercedes Benz wagon (Blue color) VIN:  WDBJH65J2YBD65870

Dear Mr. Dolley;  (City Attorney)

I am in receipt of your letter dated May 25, 2011 and appreciate your taking the time to reply but it is quite obvious that you have not addressed the specific concerns I have brought to your attention.  There was apparently a meeting of some kind to discuss the letter that I wrote to the city Manager Dave Carmany and to you as city attorney and you have held a meeting to review and discuss this in private without notifying any other government employees or myself.  Has the new police Chief, Eve Irvine been briefed on this issue involving her employee?  If a meeting was held, why was I not notified in writing?  I was never noticed by you or any other city employee of when and where this meeting to discuss the issues I have raised would take place and who would be in attendance.  Are you following the proper protocol and legal procedures for such a serious legal challenge to the actions of your employee?  The hasty rejection of my claim demonstrates that you do not have a firm grasp of the Organic Laws of the United States of America nor do you understand how this written law limits the authority of you and your fellow government employees.  The towing and subsequent confiscation of my vehicle is contrary to the laws of the State of California and of the United States because it occurred on land NOT owned by and under the exclusive jurisdiction of the United States of America.

The Manhattan Beach city council has recently issued a formal apology to former city manager, Geoff Dolan and the people of Manhattan Beach for a mistake they made.  A promise was made by the city council members that this sort of thing would never happen again.  In an effort to improve transparency in government, the people of Manhattan Beach have openly expressed that they want honest, open communication and truthfulness from all government personnel.  To this end, I am bringing this matter to the attention of the Manhattan Beach City Council for open discussion at the next scheduled meeting so that everyone is aware of what is happening and how you as city attorney have handled this situation to date.  To avoid any further liability for the city of Manhattan Beach and its employees, I have offered a remedy; The immediate unconditional release of my vehicle from the private impound yard, Van Lingen and B&H Tow in Torrance.  As of this date, you have failed to accept my offer.  Should the City Manager and the members of the city council choose to ignore my demand, this matter will be taken to the people of your city and brought before the public at large.  I am also notifying the State of California Attorney General, the County of Los Angeles District Attorney and the California State Bar for violations of written law that have occurred on your watch as city attorney.  I have discovered the fraud initiated by the secret meeting of the 2nd Continental Congress and George Washington’s failure to take the subscribed Article VI oath to “support this constitution”.  I have discovered this fraud perpetrated upon me and as a result, am unable to partake of this fraud by license or application to the subject matter by definition of the Codes, whether revised of the states Constitution or the United States Constitution as I would be assisting in a fraud of which I now have knowledge of and would be guilty of the outright commission of a crime under the written laws of the United States.  While you and your fellow employees are subject to said creation of the state, I am subject only to English Common Law in the land not owned by and under the exclusive legislated jurisdiction of the United States of America.  I claim my unalienable rights afforded me as an Article IV free inhabitant by Ratification of the Articles of Confederation of November 15, 1777 and pursuant to the Declaration of Independence of July 4, 1776.

For my own edification, I would like to ask you a few questions regarding your letter of response dated May 25, 2011.  You mention in your letter that “We have reviewed your correspondence and after consideration and review we do not find your arguments persuasive, nor contemplated in law.”   The word “we” is used in your letter to describe more than one person has reviewed and decided my claim should be rejected;  Kindly provide me with the name(s) of the other person(s) or city employees that you met with and reviewed my letter and please state their legal qualifications to assist you in making that determination.  You have stated that what I wrote is not “persuasive, nor contemplated in law”;  Kindly share with me what law (statute or Organic) you are contemplating because I have provided the source of the written law I have contemplated in great detail, that being the Organic Laws of the United States of America.  In case you are wondering where to find these Organic Laws, I refer you to Volume 1 of the United States Code, Titles 1-5 which is published every 6 years by the United States Government Printing Office.  You will see the Organic Laws of the United States of America are provided for all Americans to see and are proven to exist long before any statute laws of the United States were written.  If you can’t seem to find this legal publication in your library, it is available for purchase ($103 USD) by visiting the official United States Government Printing Office website located at this link:

http://bookstore.gpo.gov/actions/GetPublication.do?stocknumber=052-001-00536-8

For your own edification and that of your co-workers, I highly recommend the city of Manhattan Beach purchase a copy of this book for reference.  Lest I remind you that as a government employee, ignorance of the written laws that limit your authority to the land owned by and under the exclusive jurisdiction of the United States of America is no excuse for ANY government employee.  To lie about knowing what I have now presented to you as fact of law not only risks disciplinary action and possible disbarment, it is a CRIME.  In fact, as I recall, ignorance of written law and poor legal advice from incompetent legal counsel is exactly what led the city council to violate the Brown Act.  This has resulted in the recent filing of a $2,000,000 claim against the city by the former City Manager, Geoff Dolan.  Need I say more about this?

If the Organic Laws of the United States of America are not persuasive enough for you Mr. Dolley, perhaps your grasp of the English language is lacking.  The truth is hidden in plain sight and I am pointing you directly to the specific law.  The written law is very clear and concise regarding the territorial jurisdiction of the United States because it HAS to be.  I point out that the United States Congress perfected the law referencing territorial jurisdiction because it HAD to do this…the written law must tell the truth as well.  In Chapter 5 of Title 28 under Historical Revisions and Notes, Sections 81-131, the law defines and shows the territorial composition of the United States as of January 1, 1945.  This is further evidence that this law was enacted by the United States Congress as positive law and still exists today.  All governments have limited authority that must be clearly defined in the written law and the city of Manhattan Beach is no exception to this fact of law.  You, Mr. Leland Dolley, are a California State Bar licensed attorney so you are already supposed to know this, but you don’t.  I am bringing this to your attention now because it appears you seem to lack a proper understanding of “where” the laws of the State of California and of the United States apply from a geographic perspective.  I am quoting you facts of law that have long been established in the Organic Laws of the United States of America.  July 13, 1787 is when the Northwest Ordinance was adopted forming a temporary government.  This government of the United States then became permanent in the second union of states formed by the Constitution of the United States when on April 30, 1789, George Washington took the Article 2, Section 1 Clause 5 oath, “…to preserve, defend and protect the Constitution of the United States, so help me God”.  By citing written law and explaining this to you, I support all my claims and establish facts of law to solidify my position.

Please define all real property owned by the corporate body known as the “city of Manhattan Beach” and located in the State of California.  Providing me with this list of real estate property holdings should verify (according to you) all of these properties are owned by and under the exclusive jurisdiction of the United States of America.  “The State of California is an inseparable part of the United States of America, and the Constitution of the United States is the supreme law of the land”.  The land referred to in the State of California is synonymous with the land in the United States.  This fact of law may be found in Article 3, Section 1, Clause 1 of the California Constitution and it ties these two (what appear to be separate) governments together as one.  The burden of proof is directly on the city of Manhattan Beach to provide solid factual evidence that the “public parking lot” from which my car was towed is in the State of California and thus, in the United States.  This evidence must clearly evidence that this parking lot was located on land owned by or ceded to and under the exclusive legislated jurisdiction of the United States of America at the time my vehicle was confiscated on May 11, 2011.  In lay terms, this simply means that the parking lot must be federal territory.  I have maps provided by the California BLM (Bureau of Land Management) that identify no land in Manhattan Beach is in the State of California OR in the United States.  These maps are available to you for purchase from the California BLM Sacramento, CA office and I suggest that you purchase the appropriate map for your region as a means to establish this parking lot is in the State of California and therefore also in the United States.  I must insist Mr. Dolley that you tell the truth to your clients and to the people of the city of Manhattan Beach as they deserve nothing less than the truth.

Stating that you do not find my argument persuasive or compelling enough is not an adequate response by the standards set forth in written law and the licensing body established to prevent misrepresentation and abuse in your position as legal counsel.  The California State Bar has established rules in accordance with the written laws of the United States and you are licensed by this body to practice law in the State of California.  You, as city attorney, must advise the City Manager, the Chief of Police and the city council members on this matter and you have a legal obligation to tell them the truth about written law regardless of the economic or financial impact this may have on the city or its employees.  Because of this legal obligation, what I have brought to your attention needs to be communicated to everyone.  Therefore, I have provided a copy of this and all correspondence with your office to each and every member of the city council as well as to the City Manager and the new Chief of Police, Eve Irvine.  This issue needs to be brought  to the people of the city of Manhattan Beach and will be on the agenda and must be addressed in the next city council meeting scheduled for June 7.  I remind you that in any future correspondence with me, you must cite specific references to any written law you provide that establishes a legal basis for your arguments.  I restate the fact that as an Article IV free inhabitant, I am immune from the review process and that the statement in your letter that my claim has been rejected means nothing.  It does not absolve you or the city from liability either.
From what source does the city of Manhattan Beach derive its authority?  Show me your authority by virtue of the State of California Constitution and the Constitution of the United States.  Provide the written law that subjects and enslaves a man while stripping away his unalienable rights given by nature and natures creator.  The Organic Laws of the United States of America are the basis for all 50 codes of the United States Code that follows.  This is why I have focused on these 4 Organic documents because they alone provide the clues and the truth about the territorial jurisdiction of the United States.
If you wish to argue the validity of the written laws of the United States, you are arguing against your own guide and what is in fact your bible in the practice of your licensed trade.  This conduct contradicts the oath you have taken as a licensed member of the California State Bar and the attorney client privilege which limits this “privilege” to acts that are NOT fraudulent by nature.  The crime-fraud exception is one of the oldest exceptions to the attorney-client privilege.  The attorney-client privilege does not extend to communications made in connection with a client (i.e. the city of Manhattan Beach) seeking advice on how to commit a criminal or fraudulent act, nor will a client’s statement of intent to commit or cover-up a crime be deemed privileged, even if the client was not seeking advice about how to commit it.  The attorney-client privilege is ultimately designed to serve the interests of justice by insulating attorney-client communications made in furtherance of adversarial proceedings.  But the interests of justice are NOT served by forcing attorneys to withhold information that might help prevent criminal or fraudulent acts.  Consequently, attorneys can be compelled to disclose such information to a court or other investigating authorities.  With that firmly in mind, I must also remind you that in accordance with the laws of the State of California and the California State Bar, you are currently practicing law outside the area for which your license was issued.  I must insist that this be disclosed to the city council members and the City Manager as a fact of law that you are now aware of.  Should you fail to disclose this fact, you will then expose yourself to personal liability as well as disciplinary action by the California State Bar.

When is it ethical for an attorney to lie? A well-known biblical commandment, Exodus 20:16, states, “You shall not give false testimony against your neighbor.”   Of course, the Rules of Professional Conduct do not advocate attorneys to lie, but their studied silence on the issue may incline attorneys to advocate for their client’s interest with indifference to a no-less-compelling interest that lawyers conduct themselves consistent with standards of truthfulness.  I am providing you with the violations I have observed regarding your behavior and conduct under the California Business and Professions Code and in the California Rules of Professional Conduct:

2005 California Business and Professions Code Sections 6060-6069 Article 4. Admission to the Practice of Law

6068.  It is the duty of an attorney to do all of the following:

(a) To support the Constitution and laws of the United States and

of this state.

(b) To maintain the respect due to the courts of justice and

judicial officers.

(c) To counsel or maintain those actions, proceedings, or defenses

only as appear to him or her legal or just, except the defense of a

person charged with a public offense.

(d) To employ, for the purpose of maintaining the causes confided

to him or her those means only as are consistent with truth, and

never to seek to mislead the judge or any judicial officer by an

artifice or false statement of fact or law.

California Rules of Professional Conduct

CHAPTER 1: PROFESSIONAL INTEGRITY IN GENERAL

Rule 1-100. Rules of Professional Conduct, in General.

Rule 1-300. Unauthorized Practice of Law.

(A) A member shall not aid any person or entity in the unauthorized practice of law.

(B) A member shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.

Rule 5-200. Trial Conduct.

In presenting a matter to a tribunal, a member:

(A) Shall employ, for the purpose of maintaining the causes confided to the member such      means only as are consistent with truth;

(B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;

(C) Shall not intentionally misquote to a tribunal the language of a book, statute, or decision;

(D) Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and

(E) Shall not assert personal knowledge of the facts at issue, except when testifying as a     witness.

As interim city attorney, you have an obligation to your employer/client as a California State Bar licensed attorney and you must adhere to these Rules of Professional Conduct established by this government regulatory agency or risk the consequences of your behavior.  If this matter shall go to trial, you, Mr. Leland Dolley shall be called on to testify as a material witness with personal knowledge of these facts at issue I have presented.  When you testify, the issue of territorial jurisdiction will be exposed in the court of law and you will be under oath to tell the truth and nothing but the truth.  This trial must take place in a court that is located within the United States, the place where all written law of the United States has the exclusive legislated jurisdiction of the United States of America.  In the course of your testimony, should you mislead the judge or anyone else in any way by an artiface or false statement of fact, you will have violated Rule 2-200 which is defined as: Trial Conduct under subsections (A), (B), (C).  Should you continue to practice law outside the State of California as you have been doing in this particular case, you are also in violation of Rule 1-300. Unauthorized Practice of Law. subsections (A) and (B).

I am not a licensed attorney but I am an avid student of written law and I have spent hundreds of hours researching and studying with my professor what I have presented to you here and in my previous  correspondence with the city.  For your own edification and that of the city council, I will phrase this question to myself to further clarify my position; Am I saying that most of government (including the city of Manhattan Beach) in the United States is operating outside of the territorial jurisdiction established first in the Northwest Ordinance of July 13, 1787 and then perfected in to positive law in Chapter 5 of Title 28 under Historical Notes and Revisions in Sections 81-131 as of January 1, 1945?  Yes, that is exactly what I am saying to you sir and I have supported all of these claims with written law.  I invite any and all legal experts to challenge my findings and conclusion that all written law in the United States is limited to the land owned by and under the exclusive legislated jurisdiction of the United States of America.  I have not abrogated my rights as an Article IV free inhabitant pursuant to the Articles of Confederation of November 15, 1777.  As a free inhabitant, I am entitled to all the privileges and immunities of free citizens in the United States of America and that includes Manhattan Beach.

We may need to resolve this issue before the people of the city of Manhattan Beach for it is these people who have elected the officials that sit on the council for the city of Manhattan Beach.  These people have the right as I do to demand the truth from you and your fellow city employees.  Thank you Mr. Dolley, I look forward to a peaceful and expedient resolution to this most unfortunate situation and the lawful return of my personal property.

Sincerely,

 

Doug Herich

Mailing address of convenience:  1512 Olympic Ave., Placentia, CA  92870

cc: lada/csb/cag/city of mb/dc/rpm/mwt/wp/djl/ah/ei

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Attorney / Deception, Bar Association | 1 Comment

Property tax Demand v. Common Law

Every Grant Deed asks that the county to send a tax bill, so there is a hint of a debt, but since there is no real money the real property supposedly subject to taxation or a purchase money loan must be located, where there is no common law (USA owned Land.  The only thing holding the tax and credit system together is the federal law, the lawyers and the un-adopted Constitution.  EDRIVERA.com

Property tax can not have force and effect of law on land not owned by the USA.

Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Taxes / Property | 2 Comments

Zoning Authority Lie / Victory

Zoning Authority Lie / Victory

Municipal Zoning and the Little Guy

by Gregory Allan

This is a story of how the Little Guy fought city hall and won, or at least kept the wolves at bay long enough to accomplish his end game.

The “Little Guy” in this case was my grandmother. All the procedure was done by Yours Truly, in the year A.D. 2000. My strategy was based on my belief that zoning laws apply only to property actually owned by the regulating municipality, and does not apply to private property at-large which happens to fall within the corporate boundaries (also known as “city limits”) of such a municipality. I believe municipalities use simple procedures found within the Uniform Commercial Code to snare people into complying with their zoning ordinances– people who would otherwise not be subject to those ordinances.

Background

For nearly thirty years, my grandparents lived in a ranch-style house in a suburb of Detroit, Michigan.

My grandfather was what I will affectionately call a packrat. As a young adult raising a family during the Great Depression, he learned to accumulate anything and everything he could, and to save it all. The house had a full basement, a full attic, and a two-car garage, all of which Grandpa had carefully packed full with various knick-knacks.

There was a large back yard which he had also put to good use. Stacks of building materials such as lumber, racks of storm windows, cabinets, etc. were neatly stacked over much of the yard. An old 1962 Cadillac sat in the driveway, parked facing the street so you couldn’t tell it hadn’t sported a license plate since 1974. The neighbors were spared from having to look at most of this booty by fences and hedges which shielded most of the yard.

My dad lived hundreds of miles south of Detroit, and had been trying unsuccessfully for years to get his parents to move to the more favorable climate, where he could be more help to them. Finally in 1999 the furnace in Grandpa’s house gave out. His ample supply of stacked goodies in the basement made it difficult to even see the furnace, and impossible to repair it without spending days clearing a path. He and Grandma agreed to move south to live with my mom and dad. Dad and I drove to get them, and their immediate necessities.

We enjoyed a few months with both of them. Unfortunately Grandpa died that Christmas day. He and Grandma were both in their nineties. Grandma gave up her hope of someday moving back into the house, and we began making plans to clean it up and sell it.

The City Attacks

Along about February of 2000, a letter arrived from the city where the house was located (hereafter “City”), addressed to Grandpa. Dad opened it, and found it was from the City’s zoning department. It contained a bill for $150.00, along with an explanation. Apparently the last time I’d been in the house, I had unknowingly broken a window in the attic. Grandpa had a fan in the window, plugged into the overhead light, which came on with the switch at the bottom of the stairs. Worked fine, I guess, when the window was open. But closed, the fan broke out the glass when the switch was turned on.

Someone had noticed the broken window. A representative from the City had come by the house several times to try and find someone home. They’d checked the Post Office and found a change of address. No one could be reached, and they assumed the house was abandoned. So they sent somebody out to board up the window. Thus, the bill for $150.00.

Dad was actually a little grateful, and figured he’d just pay them. That is, until a few days later when he got a second letter. That one wasn’t nearly so friendly. It mentioned the car in the driveway, and several of the items in the backyard, and declared that Grandpa was in violation of this and that section of the City’s zoning ordinance. The letter gave him thirty days (until about the middle of March) to correct the violations, or else the City would fine Grandpa $50.00 per day until the violations were corrected. After thirty-days they would hire someone to haul the offending items away and charge Grandpa for the service. If the fines were not paid, they would be converted into a lien on the property.

That was when Dad called on me.

We had intended to clean the place out over the summer (we figured it would take all summer, and it pretty much did), and that we’d be able to put it up for sale sometime in the fall. But even beginning something, anything with it before the first of June just wasn’t possible for us. Southern Michigan is covered with a couple feet of snow in February. And it usually hasn’t even begun to melt until well into March. Not to mention that anyone who was in a position to do something with the property was hundreds of miles away.

The problem, of course, was completely manufactured by the City. The property had looked pretty much the way it did now for more than ten years. None of the neighbors had complained. Nothing in the yard was dangerous, or could even remotely be considered an attractive nuisance. So what was the emergency? The only emergency was the money the City intended to steal from Grandma.

What to Do?

To begin, I had to respond to their first letter, the $150.00 bill. Even though Dad didn’t mind paying that one, I decided both letters were connected. Paying the $150.00 would amount to admitting the City had the right to fix the window, which in turn might be an admission they had the right to charge us with zoning violations.

So I sent the City a bill for $200.00. I told them that although their intentions may have been good when they boarded up the window, nevertheless they were trespassing. Furthermore, the nails they had driven into the window frame had caused considerable damage, and I estimated it would take at least $200.00 to fix it. Please tender payment within thirty-days. Unpaid balances more than thirty-days past-due will accrue interest at a rate of seven-percent per annum.

Then, in a separate letter, came my response to their notice of zoning violations. My main motivation at this point was to stall for time. I knew if I could stall them for four or five months, we’d have the property cleaned up anyway. But I also knew that if I simply asked for time they would smell weakness. The game would be lost.

So in this first letter I approached them very gently. I made a few simple statements, and asked a few simple but powerful questions.

I (writing as my Grandmother) told them I had owned the house and land for thirty years; that I had seen an abstract of title for the land and that as far as I knew I was the only one in the chain of title with a claim to it. All mortgages had been paid off years ago. I told them I was puzzled. I just didn’t understand. Their claims made it sound as though they owned the property, and I was only a tenant. I demanded that they disclose any right, title, or interest the City might have in my property.

The City responded within a few days, with a letter which made reference to the specific zoning ordinances they had cited. They enclosed copies of the relevant ordinances, and I think they even highlighted certain passages. Then they repeated their threats, but extended the time before they would start assessing the fine until June 1st. Already, we’d bought some time.

When I wrote back I was a little more pert. I told them that nowhere in their letter had they claimed any right, title, or interest in my property, and thanked them for admitting by their silence that it was mine. I asked them for the implementing regulation which made my property subject to their zoning ordinance.

Their next response didn’t come so quickly. I think maybe they consulted an attorney this time. They responded with a letter including a copy from another page of their zoning plan. The gist of their response was that all “city property” was covered by the zoning ordinance, and that all “city residents” were subject to the ordinance. By now it was already the first week of April. They extended our time to July 1st.

In my response, I told them it appeared to me that “city property” was simply property which the City owned, and that they had already admitted they didn’t own my property. As for “city residents,” weren’t they people who lived on city property? I told them I had been giving this a good deal of thought, and the only way I knew of that they could claim that I, as a person, was subject to their ordinance would be if they owned some right, title, or interest in me. I asked them to please send me any evidence of their ownership in me, if any such evidence existed.

Their patience was at an end. They fired a letter straight back at me. This one was simple and to the point. It didn’t address any of the issues I had raised, it simply said the fines would begin on July 1st if compliance was not met.

My dad’s attitude was grim, and matter of fact. He thanked me for buying us what time I had, and said he would start trying someone he could hire to clean up the yard before the deadline. I asked him to let me sleep on it, and we’d talk about it tomorrow.

The next day I told him I had an idea for another letter. I grabbed a pad of paper and asked Dad to try and remember everything that was in the yard. After we’d listed about a dozen items he looked at me with wide eyes and said, “You’re not going to send them that list are you?” “Yes,” I said, “I am.”

“Well,” Dad said, “Let’s not put that last thing on there, we don’t want them to know about everything that’s out there.”

Dear Reader, this is a common mistake. The Uniform Commercial Code is all about being honest, dealing in good faith, and making full disclosure. You must resist your natural tendencies to hide, or even minimize the facts.

I told Dad we were going to list every single thing we could remember from the yard. I begged his patience, and said I’d explain once the list was made. In the end, we had a list of outrageous proportion. More than a hundred items. “Now,” I said, pointing at the first item, “how much would you say this is worth?”

Item by item, we built a price list. When the items were totaled, it came to just short of eighteen thousand dollars. Even I was surprised. I think by now, Dad was starting to suspect where I was going with this.

My last letter to the City thanked them for their prior letter which, by its silence, admitted they had no right, title, or interest in my person and that I was not, therefore, subject to their zoning ordinance. I went on to say that as they might be aware, I had a number of building materials stored on the property. I told them that I had plans for those materials and did not wish to sell them. However, if the City wanted to buy them then I would be willing to sell at certain specific prices. An inventory with price list is attached. Further, we would be willing to extend credit to the City on a “thirty days same as cash” policy. They could come and get items as needed, and we would send them an invoice. If any items were found missing, we would assume in good faith that the City had elected to purchase them, and send an invoice accordingly.

I also sent some No Trespass Signs to a friend and asked him to post them around the backyard.

Conclusion

We never received another letter. July 1st came and went, and none of our building materials came up missing. By September we had the property cleaned out anyway, and listed for sale.

I’m not suggesting this strategy will thwart the buzzards forever. Maybe yes, maybe no. But it accomplished what we needed, at no more cost than a couple of stamps and the time to write a few letters.

 Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.

Posted in Zoning | Leave a comment