Real0ne
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Joined: 10/25/2004 Status: offline
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Allodial - Definition Allodial land, or allodium, is literally land which has no lord. The holder of allodial land would owe no obligations, as owner of the land, to anyone else. Some systems of law, for example English law, do not permit any land to be allodial, all land ultimately being held from the Crown, whereas others, such as Scottish law do permit this. Allodial property rights were claimed by the people of colonial America after the Declaration of Independence and recognized by the States after the Revolutionary War. Once this occurred there was no real distinction between land held in fee simple and allodial land, and the two terms are used interchangeably in legal systems which have abolished the notion of a Lord. In these situations, Allodial land ownership may be contrasted to feudal land ownership. If you own land in Arkansas, Minnesota, or Wisconsin, rest secure in the knowledge that the land is expressly "declared to be allodial" by the state constitution. Ark. Const. art. 2, § 28; Wisc. Const. art. 1, § 14; Minn. Const. art. 1, § 15 ("are allodial" rather than "are declared to be allodial"). It may be igneous, or sedimentary, or metamorphic. It may be alluvial or illuvial (though likely not effluvial). But in any case, it's allodial. quote:
Wisconsin Constitution Article 1 Section 14 Feudal tenures; leases; alienation. Section 14. All lands within the state are declared to be allodial, and feudal tenures are prohibited. Leases and grants of agricultural land for a longer term than fifteen years in which rent or service of any kind shall be reserved, and all fines and like restraints upon alienation reserved in any grant of land, hereafter made, are declared to be void. quote:
Minnesota State Constitution Sec. 15. LANDS ALLODIAL; VOID AGRICULTURAL LEASES. All lands within the state are allodial and feudal tenures of every description with all their incidents are prohibited. Leases and grants of agricultural lands for a longer period than 21 years reserving rent or service of any kind shall be void. quote:
Constitution Of Arkansas Of 1874 28: Tenure of Lands All lands in this State are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited. quickee wiki: http://en.wikipedia.org/wiki/Allodial_title The Jeffersonian cyclopedia UNITED STATES OF AMERICA, Plaintiff, v. STEPHEN GEORGE MILJUS; EILEEN JANE MILJUS; JOHN BRUNKO MILJUS, THE ORGANIC ASSEMBLY OF THE REMNANT IN YAHSHUA; STEVEN GEORGE FAIR, Defendants. Civil No. 06-1832-PK. United States District Court, D. Oregon. May 1, 2009. ORDER ANCER L. HAGGERTY, District Judge. Magistrate Judge Papak issued a Findings and Recommendation [166] in this action, recommending that defendant Fair's Motion for Declaratory Judgment/Summary Judgment [152] be stricken from the record. Fair filed objections to the Findings and Recommendation. The Findings and Recommendation concluded that "Fair has no claims for relief pending in this action, and because his motion is otherwise procedurally improper — including procedural improprieties already brought painstakingly to Fair's attention — the court should exercise its inherent power to manage its docket and strike Fair's motion." Findings and Recommendation at 6. quote:
When a party objects to any portion of a Findings and Recommendation, the district court must conduct a de novo review of that Findings and Recommendation. 28 U.S.C. § 636(b)(I)(B); McDonnell Douglas Corp. v. Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). In his Objections, Fair repeats an argument that has previously been rejected by this court. Fair argues that this court has "no constitutional authority" in this matter because Fair holds an allodial interest in the property at 12055 SE Lusted. Objection to Findings and Recommendation at 3. As this court has observed, "It does not appear ... that any American state or federal court has ever acknowledged allodial ownership of any property other than by the United States itself." Findings and Recommendation [61] at 2-3. This court concludes that Fair's objections to the Findings and Recommendation are without merit. If not American than what state? I get it! Minnesota NOT a State Constitution Wisconsin NOT a State Constitution Arkansas NOT a State Constitution its not about justice now is it? Its about how well you play chess and put your round pegs in the square holes and dance to the tune of the priests in the black robes. Hows voting the bums out working for you? How about a dose of Reality!
< Message edited by Real0ne -- 12/10/2010 9:27:24 AM >
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"We the Borg" of the us imperialists....resistance is futile Democracy; The 'People' voted on 'which' amendment? Yesterdays tinfoil is today's reality! "No man's life, liberty, or property is safe while the legislature is in session
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