SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Gold/Mining/Energy : Naxos Resources (NAXOF) -- Ignore unavailable to you. Want to Upgrade?


To: Chuca Marsh who wrote (5999)11/30/1997 6:52:00 PM
From: GlobalMarine  Respond to of 20681
 
Chuca: If you have a patent, the land is yours, lock, stock and barrel. The government cannot impose royalties because you own the land.

If you have title to mining claims on BLM land but don't have a patent on the land, the government still owns the land and you're simply extracting (raping and ravaging if you're an environmentalist) the goodies from the land. So the government can set terms under which you can mine it, and royalties could possibly be one of the terms in the future.

Rand



To: Chuca Marsh who wrote (5999)11/30/1997 7:06:00 PM
From: GlobalMarine  Read Replies (1) | Respond to of 20681
 
Chuca: I have a 200K text file on the subject of patents, but I lost the URL I got it from. He's the first little bit of it:

WHAT IS A LAND PATENT??

Essentially, a Land Patent is the first conveyance of title ownership to
land which the U.S. Government grants a citizen who applies for one. One of
the earliest laws for granting Land Patents was passed by Congress on April
24, 1820. Among other things, Congress set up Government Land officers, now
known as the Bureau of Land Management. Land was usually sold in parcels of
160 acres for $1.25 per acre. The law in 1820 prohibited the borrowing or
use of "credit" for the purchase of government land. In the debates in Con-
gress prior to passage of this act, Senator King of New York said in March
1820 ... "it was calculated to plant in the new country a population of in-
dependent unembarrassed freeholder ... that it would place , in every man,
the Power to Purchase a freehold. the price of which could be cleared in 3
years... that it would cut up speculation and monopoly ... that it would
prevent the accumulation of alarming debt- which experience proved never
would and never could be paid" !!! (emphasis added) Later on, in 1862, a
Homestead Act stated in Section 4: "That no lands acquired under the provi-
sions of this act shall in any event become liable to the satisfaction of
any debt or debts contracted prior to the issuing of the patent therefor".
It can be clearly seen that the intent of these early lawmakers was for
the people of this country to be FREEMEN AND FREEHOLDERS of their land, and
not ever be subject to have it taken from them by any government, feudal
authority or banker or any other party who might have a claim against the
person who owned the land. In plain english, a Land Patent which gave you an
allodial freehold, that was "judgement proof and yes- even immune from tax
liens. In [60] effect, the only authority over you or your land was GOD him-
self. In England, a man, who owned free from authority of the king, was
known as a freeholder and his land as a freehold or allodial freehold. Most
land patents in the U.S. were issued prior to 1900. However, even today, new
land patents continue to be issued, mostly for gas, oil and mineral rights
on public lands. For this reason, there are several land offices that remain
open in the United States.

WHAT IS THE VALUE OF A LAND PATENT?

On the basis of all the case law I have seen, there is no doubt in my
mind that a land patent issued by the Bureau of Land Management which gives
you a title at law is far superior to any title acquired in equity. such as
a sheriff's deed. The land patent will, therefore, prevent your ejectment
and removal from the land or the property you occupy on the land. The debts
or claims of other parties will remain, but the land will be removed from
assets which they can attach. The law is on the books today which says that
any debts, which lie against the land, that existed prior to the land patent
being issued, are removed from the land. The next question is; if the land
patents were issued 100 or more years ago to persons who are no longer
alive, and if I now reside on only a portion of the land that was originally
described in the original land patent, then how do I bring up the land
patent in my name'? And if I bring it up in my name, will it remove the land
as security which the Bank or Mortgage Company can sell and seize in a fore-
closure action? [61]