I had these forwarded to me. Check out this case and see if you agree with this guys stance on Land Patents and the original Washington state Constitution Vs. the one signed in 1889.
Man stops paying taxes citing 1878 state constitution
Clark Co. auctioned David Darby’s land after he refused to pay property taxes
By Tim Becker and KOIN 6 News Staff Published: September 16, 2014, 5:21 pm Updated: September 16, 2014, 5:39 pm
AMBOY, Wash. (KOIN 6) — Clark County auctioned David Darby’s land on Tuesday to cover back taxes for the property because Darby stopped paying them in 2009.
Darby has owned 4.7 acres of land in Amboy, Wash., for 35 years. Property, he said, he acquired a land patent for, meaning he doesn’t have to pay taxes for the land under Washington’s 1878 State Constitution.
Clark County auctioned David Darby’s land on Tuesday to cover back taxes for the property because Darby stopped paying them in 2009, Sept. 16, 2014. (KOIN 6)
He said he won’t be leaving the land anytime soon despite the recent auction.
“I have a legal and a lawful right to it,” Darby said.
The county sold his property for just over $63,000 in an online auction on Tuesday.
“He was paying taxes up until that time and then he stopped,” said Clark County Treasurer Doug Lasher.
Lasher said Darby‘s land is one of 52 properties in foreclosure right now.
Records indicated that Darby had not paid property taxes since 2009. He said he stopped paying because the county would not recognize the 1878 constitution.
“It’s all longhand. They didn’t have copiers then,” said Darby.
Darby produced a copy of Washington’s 1878 State Constitution, which prohibits the taxation of patented land. However, the state operates under a different constitution that was validated 11 years later in 1889 – one that Darby calls illegal.
The county said its work regarding the auction of the land is done. According to Lasher, it’s not the county’s responsibility to remove Darby from the property.
“That [land patent] is something that he will have to argue with the new owner,” Lasher said.
Lasher added the county will have its back taxes when the person who won the bidding war pays up, but Darby said he’s not done fighting.
“I feel sorry for the buyer,” Darby said.
He said he plans to pursue legal action and prove the older constitution is the true one.
Southern Poverty Law Center
The Hatewatch blog is managed by the staff of the Intelligence Project of the Southern Poverty Law Center, an Alabama-based civil rights organization.
Self-described “sovereign citizen” David Darby wants everyone to know that he has no intention of getting involved in any armed standoffs with any law enforcement officers from Clark County, Wash., where he lives. He says he just wants his day in court – even though, whenever he has had one of those, he has lost.
Most recently, the 69-year-old Darby – a longtime antigovernment “Patriot” movement activist, dating back to the 1990s, and political gadfly – was informed by a Superior Court judge that his 4.7-acre property in rural Amboy would be put up for auction, following foreclosure proceedings brought against him by Clark County for failure to pay his taxes.
“It’s all constitutional,” he insists. “Everything I’ve done is constitutional. If it’s not constitutional, then all they have to do is prove it. And I will stop this. I will pay the taxes. But because they have not done this, I would not pay the taxes. And I cannot get this into federal court until I am hurt. So once they actually sell my property, I’ve been hurt. Then I will file in federal court.”
Darby has only a few days left to wait. The auction of his property is scheduled to take place between 8 and 11 a.m. on Sept. 16.
Darby, claiming that he is a “citizen” exempt from such duties, stopped paying his taxes in 2008, beginning a long-running dispute with the Clark County Treasurer’s office that culminated in 2013 with foreclosure proceedings on his rural home – a mobile home on raised blocks — and its accompanying wooded acreage.
However, as Darby made clear back then, he purposely forced these proceedings as part of his strategy to get the issue of his claims to a “land patent” on the property heard in a federal court. “I’ve been setting up the strategy to do this because no one has ever gotten sovereign ownership of land in the courts,” Darby said. “The only way to set it up was to go into foreclosure. … This isn’t about my land; it’s about the [state] constitution.”
Indeed, Darby claims that the current Washington constitution, passed in 1889, is not valid – and that the state’s proper constitution is actually one that was drawn up in 1878, when statehood was first suggested. He also characterizes this document as explicitly creating sovereign citizenship for state residents, as well as outlawing property taxes and liens on property.
“We were already a state before they did the 1889 constitution,” he insists.
He claims he went through a complicated legal process of filing various affidavits and making public proclamations that resulted in him owning a “land patent” on his property.
“Anyone who buys my land has a big problem because I have a lawful title to my land,” he told a reporter.
Darby has been active in far-right circles in Washington state since the 1990s, when he was the Clark County representative of the U.S. Militia Association, a “constitutionalist” militia-organizing outfit directed by an Idaho man named Samuel Sherwood.
It was then, Darby told Hatewatch, that he first became interested in “common-law courts” and other sovereign citizenship theories. He says he was originally drawn to far-right “constitutionalist” legal theories by Sherwood and other far-right figures, but then became so thoroughly devoted to sovereign citizen theories.
“I found out about [sovereign citizenship] once I found out that the Constitution does not apply to U.S. citizens, it only applies to citizens of the United States of America, which ended in 1861 when martial law was instituted by Lincoln,” Darby says. “I've actually studied the law, the legislation, and I've been studying this now ever since those days, and I've figured it out for myself. It’s not that I’m listening to anybody else, I’ve figured it all out.”
Darby told reporter Tyler Graf of the Daily Columbian that anyone who buys the property will have to force him to leave. “We’ll have to see what happens,” Darby said. “I don’t plan on leaving. I don’t know what they’re going to try. … They know I am very serious about this. All I want is my constitutional rights protected, like every other citizen in Washington.”
That means the matter may eventually come down to a sheriff’s deputy arriving with an order to remove Darby. But Darby told Hatewatch that if matters get that far, he intends to leave peacefully.
“I’m not going to do anything radical or anything,” he avers. “I have no intention of anything like that.”
However, he said that things won’t get that far, because he intends to file a federal lawsuit against Clark County this week – as soon as they put his property up for auction: “I’m getting ready to file another suit, now that they've hurt me, in Superior Court,” he told Hatewatch.
Darby has written about his beliefs about sovereign citizenship at length and posted several lengthy exegeses on the Internet about them. According to a study published about his filings, Darby has claimed to have received financial backing from an anonymous East Coast organization.
Darby says he understands that people espousing sovereign citizen beliefs have gotten into armed standoffs and shootouts with law-enforcement officers over situations like his. Those people, he says, are not like him.
“The problem is that they don’t understand that the officers and all these are only doing what they’re told to do,” Darby says. “We understand that. We’re not going to have any armed confrontation. We don’t want anybody hurt. I would rather have my day in court. And that’s all I've ever wanted.”
Personally I think he's got a case. He is correct about his right to own his land outright according to the original Washington state Constitution. Property taxes are unconstitutional.
I think Mr. Darby may have an issue being literally "heard" in a federal court system. My reasoning is that I believe you cannot raise a lawful issue in a legal court (or Illegal). I think that by the time it gets to the federal court all they consider or HEAR is contract law. So if I try to raise a Right in this system they won't Hear that because they believe you've waived or signed off your Right somewhere along the way and entered into a contract. Now that you're in their jurisdiction all they want to HEAR or can HEAR is anything involved in this contract that was supposedly agreed upon. So, maybe he can claim that there was never any FULL DISCLOSURE, made to him and he may get somewhere that way. He can Claim that he may have unknowingly and unintentionally entered into a contract with the state (or the corporation) without full disclosure on their part and that nullifies any contract. Make sense?
If the system is illegal, a lawful issue cannot be raised. Quiz them as to subject matter jurisdiction.
You're right Julian. Here in New Hampshire the power to tax real estate is assumed (ass-u-me)d (;-) or presumed by that of an "implied consent" that you have "committed" your property to be taxed for such, see: N.H. RSA Chapter 80:60 at: http://www.gencourt.state.nh.us/rsa/html/V/80/80-60.htm
WHO was the bidder? aka the "Manceptor" who takes the article sold (a quitllaim deed?) in their hand in a "Sale With All Faults" and "for better or worse" to him or her, since the bidder is "a Farmer of the Public Taxes" which crop may turn out that Mr. Darby does NOT owe any debt due since a tax is not really a debt (N.J. case in Henry Campbell "Black's Law Dictionary" 5th edition (c)1979 @ page 1307 that I can cite for your later if you'd like. Just write.) In the meantime here in N.H. there's the case in: Vol. 22 NH REPORTS 234-245 @ page 239 entitled: Morrison v. Bedell out of Grafton County, December Term 1859: "...the books abound with authorities to show that debt is the proper form of action to recover a penalty or forfeiture created by statute." And in 1875 by the Morsell case in 91 U.S. 357, 23 LAW ED.@ p. 437 "The lien arose from the power to issue a writ of elegit" being that the debtor (so-called) by equal rights has decided to hold half the freehold to make payments until the debt is paid in full. Thus to educate the Sheriff BEFORE any court order without a trial by jury (as a guarantee here in N.H. by Art. 20 and by Article #___ out there in Washington state) since "the matter may eventually come down to a sheriff’s deputy arriving with an order to remove Darby. . . (so as NOT to) get that far, he intends to leave peacefully." since IF the tax is ever declared a debt due as owed then to be squeezed down to only half (1/2) [ fifty (50%) percent] of the freehold or homestead.
I went thru the links and the "lengthy" "exegeses" and "a study published about his filings" are the best.
Mr. Darby is my hero.... To bad we don't have a lawyer like Mr. Pigeon here in Ohio given they have put a warrant on me and MANY others for court costs that is UNCONSTITUTIONAL and taking our bodies is total kidnapping and much worse..
It was everybody's "moral" duty to jump in and help get justice for my Mom's murder, keep Dad out of abuse and prevent the JUDICIAL branch from stealing $750,000 from my families estate. Now they are killing Dad on psychotropic drugs and victimizing me with trespassing because I won't leave my Dad. My determination and fight to protect my parents rights is killing me but there is no reason to stay in this world. When you websearch "eldermurderabuseandexploitation" you get this...http://www.bing.com/search?q=eldermurderabuseandexploitation&qs... and my webpage is the first link.
The irony of this is those who were supposed to "respond" (HA! HA!) to the need for our help was paid for by TAXES and PLAIN OUTRIGHT did NOT do their jobs for profit from our estate.. YEA it's shared alright.
read the bottom of this article... http://www.columbian.com/news/2014/sep/07/jayne-amboy-tax-scofflaw-... which is from the "darby claims" link in article posted....
PS Hey Morton did you get in dropbox and curious about the timeline you were going to take a stab at. any luck?
PSS Hey Rick this looks like Harford's work in here is it??????
PSSS Seems to me this is the same argument that could be raised for the ORIGINAL 13th amendment. Where is the ACT that removed it???????????????????????
Does anybody know how to save this thread/story in my favorites on the Constitution Club? Do we have a Favorites? Is there such a thing?
I can Feature it if you like.
R U talking to me? Which of the above were you referring too.
Perhaps update on the murder of my Dad, while I am being isolated from him so they can kill him w/o me whispering in the killers ear "you are sick and perverted and will pay in hell for hurting my parents so you can steal their money"?
Time to kick the crap out of the Government.
A Redress Of Grievances
Thanks KrisAnne.. I sent your link to some other lawyers who are fighters of crime and have lost their practice or sanctioned for speaking out about crime in office. If you know of a site we can go to to have our pleadings reviewed and share time on this and talk about which action is appropriate to pursue for our cause to get justice I would appreciate that.
and Stephen Pidgeon https://www.youtube.com/watch?v=qHaIyKm4rjE
What gives them the power to tax property to begin with? They steal land over it constantly.
I've just recently heard about land patents and am seriously thinking of patenting our property as well. It's time we started standing up for property rights. We should not have to pay a lifetime rent for property that is already purchased and paid for...
The power to tax is an unethical and illegal act made legal by legislative action. The laws of God forbid it, but the laws written by the financial elite apparently trump the laws of God. For a man to take something that belongs to another man is theft and when the government does the same things it is considered legal. An unethical law written by man can not justify the violation of an individuals property rights.
Property taxes are rent that we pay to the land lord for the privilege of living on the land that we think we own.
I beg to disagree with all at some point and agree with some at all points- if you know what I mean.
Why not look at the UCC and Contract Law. You agree to pay property tax for a reason. So that the County can maintain the infrastructure and provide you a service of ease of right of way. That is a contract.
You also have children and would like them to get the best education in the history of man kind. That is a contract and to run the County Schools, they have been authorized only to establish a budget, and the TaxCollector from statement one can assign a millage rate. That is a contract also.
Here is an example that worked for me: I lived by a 20 Acre Sand Pit where the sand was compaction grade for overpass construction on Interstate Highways. The geese flew in and stayed. Of course the geese would like to graze so who's grass was the best, the neighbors of the lake that ferterlized and mowed and cultivated grass. When a goose eats grass and waddles the leave little long waddle droppings called goose grass replanting. The only way to keep up is to pull it and bag it.
The WASTE MANAGEMENT Service (for which I pay $185.00 a year on tax for garbage pickup) would not pick up my doubled WAL-MART Shopping Bags of Goose Waddle Dribble and grass. They drove the garbage truck right by and left it.
I did not call Waste Management and Complain. I called the Tax Collector and demanded my money back. The Tax Collector called Waste Management (since Waste Management is a Public Function Doctrine contractor). Waste management was ballistic but I won and they came and hauled off my GOOSE-PIDDLE.
The moral is that you have a contract that you have agreed to on tax payment. Next time you receive your property tax statement, include your check, a copy of the statement stamped with Without Prejudice UCC 1-308, You reserve Your rights - and stamp the check the same. The next time someone violates your tax contract such as AGENDA 21, go after the individual as a private citizen in breach of your contract or any other way you feel you can get the bastard.
Same for COMMON CORE - A principle permitting the teaching of kindergarten kids to fondle one another and to masturbate is in violation of your contract. You do not agree with that crap, therefore, you will either be exempted from the contract or they will correct their mess.
I have one other case in the tax realm also by pulling something completely asinine. Wrote a contract on the back of a check in pale blue ink on a pale blue check that stated If you cash this Check (tax collector) you agree to have a land fill built by July 4th of this taxable year. They contracted to nearby county to do the landfill and not have to default and return my check.
Go get the bastards the best way you can think of