Lori J. Scott
Shasta County Treasurer-Tax Collector
P.O. Box 991805
Redding, CA 96099-1805

Re:  Parcel No.
  

     I am writing concerning the NOTICE OF POWER TO SELL and SHASTA COUNTY 2000-2001 PROPERTY TAX BILL, DATED AUGUST 3, 2000, that your office published in the Redding Record Searchlight on June 2, 9 & 16, 1999, and Tax Bill mailed on August 3, 2000, and IMPORTANT NOTICE TO PARTIES OF INTEREST, received by Certified Mail on December 17, 2000.

     1. I am long-time unemployed, and have had only partial employment since 1990.  I am considered "insolvent" under Uniform Commercial Code (UCC) code 1-201 (23).  "A person is 'insolvent" who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law."  This would apply also to taxes, as one would need income to be able to pay them.

     As of this date I still have no income, except a little to eat and basic necessities.  I live on very little, but in studying the issue of taxes and the law, I find that there are no provisions for the poor who might own property.  This is against the Laws of God, in that He speaks about this in Amos 5:11, NEB.  "For all this, because you levy taxes on the poor and extort a tribute of grain (money) from them, though you have built houses of hewn stone (fancy), you shall not live in them, though you have planted pleasant vineyards, you shall not drink wine from them."  Now the Children of Israel got carted off to Babylon for these sins and evils, and America is about to suffer the same fate, and one reason is their treatment of the poor.

     2. In my research of the law, I have found authority for taxing property. California Constitution, ARTICLE 13, §1.(a)  "All property is taxable and shall be assessed at the same percentage of fair market value."   (California Revenue and Taxation Code §201).  I have found no authority in the California Constitution for the taking of property without due process of law, except under Eminent Domain.  Under Title 42 United States Code §1982, "All citizens . . . shall have the same right, . . . to inherit, purchase, . .  and convey real and personal property."  All State laws must conform and be applied equally to all citizens.
 
 

     Neither the State or the County has any proprietary or monetary interest in my property, and thus have no jurisdiction over this property.  In fact under 42 United States Code §1441, the government is to assist or ". . .provide adequate housing for urban and rural nonfarm families with incomes so low that they are not being decently housed. . ."
 
 

     3. The California Constitution, Article 13, §8.5, Tax Code §20581-20586, is a violation of the United States Constitution, the 14th Amendment, and the California Constitution, Article 1, §7(a) "A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws;"
     (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens."  Thus California Constitution, Article 13, §8.5, Tax Code §20581-20586 violates this by offering a privilege to a class of citizens based on their age, denying equal protection to all.

     The California Constitution, Article 13, §8.5.  "The Legislature may provide by law for the manner in which a person of low or moderate income who is 62 years of age or older may postpone ad valorem property taxes on the dwelling owned and occupied by him or her as his or her principal place of residence."

     Now this allows a person of low or moderate income who is 62 and over to postpone the property taxes, but when a person is a few years shy of this, then it is allowed to take that persons property and inheritance away from them, and throw them out in the street or under a bridge.  This just does not make sense.  Why can't the county wait until the property sells, or take the taxes out of the estate?

 The Legislature has made no provision for poor or "insolvent" people, who are not yet 62 years of age.  This is in violation of Biblical Law, Proverbs 22:22-23.  "Do not exploit the poor because they are poor and do not crush the needy in court, for the LORD will take up their case and will plunder those who plunder them."  It is an outrage that the County would even consider the "taking" of property or inheritance from the poor, just because they are poor.

     4. The California Constitution protects my rights of privacy, rights of property ownership, and the right to confront accuser (which is not a privilege, but a RIGHT), who assumed jurisdiction over this property.  I am asserting that right at all times, both now and in the future discussions or actions, and at no time have I signed away verbally or written my Constitutional rights, ownership, management, use or jurisdiction.  Under Title 42 U.S.C. §1982, neither the County, State or Federal Governments has jurisdiction or any monetary interest in this property.

     Carden quoted Alexander Hamilton who said in the Continentalist #6, "Whenever a discretionary power is lodged in any set of men over the property of their neighbors, they will abuse it; their passions, prejudices, partialities, dislikes will have the principal lead in measuring the abilities of those over whom the power extends; and assessors will ever be a set of petty tyrants ---".

     5. Under delegated authority from Federal Law HR 451, Public Law 97-180 - Oct. 4, 1982, 96 STAT. 1211, Uniform Commercial Code.  Federal law carries precedence over State and local law, and once challenged must be answered at the same level of authority.  Congress Declares the Bible "The Word of God."  I have applied U.S. Federal Law to my case since 1995, the Biblical principals stated in the Book of Deuteronomy and Leviticus.  (Deut. 23:12-14 NIV, Lev. 25:23, 35-37.)  Public Law 97-180, states in part, "our national need to study and apply the teachings of the Holy Scriptures."

     All property belongs to God, and no one can tax God's property.  (Leviticus 25:23-28, 35-37, NIV.  ". . .because the land is Mine, and you are but aliens and My tenants."

     6. Oath of office:  Some of you may have watched or seen on the news, the very impressive solemn ceremony when the United States Senators took a very special Oath, and then filed up one by one and signed a book in confirmation of their oath.  Here in California, State Employees and Officers also take a very impressive, long oath (California Constitution, Article XX, Section 3), in which they swore an oath to uphold both the United States and California Constitutions.

     The United States Constitution is first LAW of the land, the California Constitution is the first LAW of the State of California.  Then follows those Titles and Codes that are passed by the duly elected Legislator, and last of all are the Rules and Regulations that are put in place by  unelected bureaucrats, but they are required to stay in harmony with the LAWS of the land, and not violate them.  My contention is that the Rules and Regulations and the practice of the  Shasta County Treasurer - Tax Collector, have in fact violated their oath and gone beyond the LAW and put into practice rules that violate their oath, and the Constitution, and violated California Government Code §1027.5, and are in fact following the Communist Manifesto Plank No. 1 and 4 (See below).

     The California Government Code §1027.5.  "The Legislature of the State of California finds that:
     (a) There exists a world-wide revolutionary movement to establish a totalitarian dictatorship based upon force and violence rather than upon law.
     (b) This world-wide revolutionary movement is predicated upon and it is designed and intended to carry into execution the basic precepts of communism as expounded by Marx, Lenin, and Stalin."

     Now this code goes on in some detail, but what is socialism but just another name for communism, and it is a totalitarian state, where there is no freedom for the people.  We in this country are only a breath away from this totalitarian state, otherwise known as the New World Order.  If there is no freedom for me, then there will be no freedom for you either.  See what is happening in Russia, China and North Korea, the people have absolutely nothing, no food, shelter or freedom.  Communism kills everything, now they are bringing this to America, soon we will have nothing, food, shelter or freedom.

                                        Democracy is indispensable to socialism.  V.I. Lenin

                                        Democracy is the road to socialism.  Karl Marx

                                        The goal of socialism is communism.  V.I. Lenin

     Now the Communist Manifesto states as follows:
  

     7. The California Constitution, Article 15, section 1, sets the interest at 7-10%, everything above that number is usury.   Government officials, take a Oath to uphold the California Constitution, but then pass a law to exempt government and banks from this law (Civil Code §1917.067; Government Code §5906).  This is unconstitutional, as the Constitution is the LAW of the State of California, and should apply equally to all persons, corporations and government. (Public Resources Code §3635.1)  This is a fraud against the people to defraud them of their money, property and freedom, which the California Constitution, Article 1, guarantees.  As no one is above the law, including government or banks.

 "Usury and taxes will continue to take a larger and larger part of the annual earnings of the people and put them into the pockets of the Bankers and their political Agents.  Increasing 'government' regulations will prevent citizen protest and opposition to their control.  It is possible that your grandchildren will own neither home nor car, but will live in 'government-owned' apartments and ride to work in 'government-owned' buses (both paying usury to the Bankers), AND BE ALLOWED TO KEEP JUST ENOUGH OF THEIR EARNINGS TO BUY A MINIMUM OF FOOD AND CLOTHING while their Rulers wallow in luxury?  In Asia and eastern Europe it is called 'communism;' in  America it is called 'Democracy' and 'Capitalism.'"  The Real Story of the Money-Control Over America, by Sheldon Emry.

     8. Further God's laws are being broken in the treatment of the poor, in fact utter contempt has been shown towards them by officials.  "Do not deny justice to your poor people in their lawsuits.  Exodus 23:6  NIV.  "He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God."  Proverbs 14:31 NIV.  "Do not exploit the poor because they are poor and do not crush the needy in court."  Proverbs 22:22, NIV.  It is apparent in the world that judgments are already falling, what are judgments—they are the consequences of not following the Laws of our Creator, we lose His protection and the Sun-god is allowed to destroy, and bring in his laws of which the Communist Manifesto is a prime example.

     Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches? Isaiah 10:1-3, NIV.

     My property is on loan to me from my Creator, who has ultimate jurisdiction over this land and world (Exodus 20:11 NIV) "For in six days the LORD made the heavens and the earth, the sea, and all that is in them, but He rested on the seventh day. Therefore the LORD blessed the Sabbath day and made it holy."  Exodus 20 is the Prime Number One LAW of the Universe, and is the Seal of ultimate jurisdiction.  When you place the rules and regulations of the world above the Laws of God, then you demonstrate that you are in rebellion against your Creator, whose laws are based on righteousness, justice and freedom.
 

     9. It is impossible to pay this debt with debt money called the Federal Reserve Note, which has the same legitimacy as Confederate money, Monopoly money or clam shells—it has only perceived, no intrinsic or inherent value. United States Constitution, Article 1, §10.  1.  "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."  Gold and silver coin is still the only legal money in the United States and State of California.

     10. The United States Supreme Court has time and again ruled that anyone who enters a contract which infringes on constitutionally assured rights must be informed and knowingly endorse such contracts.   The contract that I entered into with the County, was under duress, with no understanding of the violations of my Constitutional rights to property at that time.    The contract therefore is null and void as this contract violated my Constitutional rights.  When  "mis-information  given, its self evident of fraud,"  U.S. v. Prudden, 424 F.2d 1021 (5th Cir. 1970), cert. denied, 400 U.S. 831, 91 S.Ct. 62, 27 L.Ed.2d (1970); U.S. v. Tweel, 550 F.2d 297, and "fraud, vitiates, nullifies, and abrogates anything to which it attaches, including the most solemn agreements, contracts, and judgments."  U.S. v. Throckmorton, 98 US 61-71 (1878).

     Hence, "any act of the legislature which violates any of these asserted rights of which entrenches on any of these great principles of Civil Liberty, or inherent rights of man, shall be void."  (In re Dorsey, 7 Porter (Ala.) 293-377-378 (1883).

     "The words 'law of the land' or due process of law, when used in considering the property rights of individuals, mean summons notice, such as is ordinarily given upon the institution of a suit, due appearance of the parties in interest, pleading of the facts in issue, and a determination thereof by a jury."  (State V. Rose, 33 Del. 168, 132 A 864, 45 Ala. 85).

     Sir William Blackstone:  "To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole kingdom."  (Commentaries Book 1, Chap. 1, p. 135)

     How else could the traitors in government rob and plunder the citizens of this once great land, if not by denial of "due process of law" and access to the regular courts of justice?  By following the Communist Manifesto instead of the United States  and California Constitutions.  What is taking place in this proceeding is a throwback to the old "Star Chamber" proceedings, where cases are tried according to "imperial law" [rules and regulations, by unelected bureaucrats], not "common law," by inquisition rather than by inquest.

     If due process of law gets in the way of the taxing power, how can the socialists destroy and expropriate the middle class or the poor's property?  Karl Marx said, "In this sense, the theory of the Communists may be summed up in the single sentence:  Abolition of private property." Manifesto, Plank. 41.  The taking of private property is a violation of California Government Code §1027.5.

 The Constitution and liberty can be destroyed just as effectively by assaulting property only.  This approach is more subtle and less alarming.  Justice Mason said:  ". . .It can never be admitted as a just attribute of sovereignty in a government, to take the property of one citizen and bestow it upon another.  The exercise of such a power is incompatible with the nature and object of all government and is destructive of the great end and aim for which government is instituted and is subversive of the fundamental principles upon which all free governments are organized."  White v. White, 5 Barb. 474, 484, 485 (1849).  Therefore to take the property of one and bestow it upon another is unconstitutional and doubly so when done arbitrarily, without due process of law.

  Black's Law Dictionary: Tyranny.  "Arbitrary or despotic government; the severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him by breaking down the division and distribution of governmental powers."

     California Constitution, Article 1,  Declaration of  Rights,  §1. All people are by nature free and independent and have inalienable rights.  Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

     §3. The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.

     §7. (a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws;. . .
     (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens."

     §13. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

     California Constitution, Article 15, §1,

     §1.  "The rate of interest upon the loan or forbearance of any money, goods, or things in action, or on accounts after demand, shall be 7 percent per annum but it shall be competent for the parties to any loan or forbearance of any money, goods or things in action to contract in writing for a rate of interest:

     (1) For any loan or forbearance of any money, goods, or things in action, if the money, goods, or things in action are for use primarily for personal, family, or household purposes, at a rate not exceeding 10 percent per annum;. . .

     (2) For any loan or forbearance of any money, goods, or things in action for any use other than specified in paragraph (1), at a rate not exceeding the higher of (a) 10 percent per annum. . ."

     United States Constitution, As guaranteed by the Bill of Rights:

Article I
  

     In my case, and in others, whenever you act to take, sell or confiscate under whatever pretense you are using at the time, the personal or real property of an individual, (not a corporation) like myself, by an arbitrary decision, where no contract is or has been outstanding, or holding, you or a Agency of County Government has perpetrated a gross violation of due process.

     As I have clearly and cogently pointed out in this legal document to you, your violation of my due process rights have been duly noted when you have by-passed the well recognized elements of due process.  These being as follows:

1.     Proper Notice.
2.     The law that applies to me, or to the property.
3.     The right to an impartial hearing.
4.     The right to present my side with evidence.
5.     The right I have to confront the Complainant or supposed aggrieved party and any witnesses.
6.     The right to bring in witness for the defense.
7.     The right to appeal and present the facts of law.
8.     My right to defend in Court my property or out of Court.
9.     The right to full and all stages of a defense and appeals process.
10.    My right to be qualified as one who is equal with all others in my right to defend my property rights under the laws of both the Federal Statutes, and State Statutes, and Constitution.
11.    My right to defend your arbitrary and capricious, and invidious attempt to pretend to be acting under law, when in fact you are in fact by-passing the common law, and the rights inherent therein.
12.   You have also violated the law of full disclosure, in that you have not fully disclosed to me, any options other than direct payments to you of some type of monies in satisfaction of your presumed claim for taxes.  I have heard of numerous other ways satisfaction can be made, and you have not disclose disclosed them to me.

     Demand is made under the Freedom of Information Act, Title 5, United States Code, §552, for a copy of the Shasta County Comprehensive Annual Financial Report, within 15 days of receipt of this notice.

     This Constructive Notice will serve as a public notice instrument with general application. All matters of law and fact presented herein are believed to be true and accurate. Failure of interested parties to correct or rebut any given matter of law or fact will be construed as confession of correctness, with the consequence of general application as presumed fact for legal purposes. The Constructive Notice is constructed as a good faith effort to disclose applicability of certain law and authority of California courts.

     By this Constructive Notice all parties listed below are also noticed as to their violation of their Oath of Office to uphold the California Constitution, and instead have allowed the Communist Manifesto to become the de facto law of California in violation of California Government Code §1027.5.

     I request that this property be removed from the Public Auction set for February 23, 2001.

     I declare under the penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

                                                                                                         UCC 1-207, Without Prejudice

Dated:____January 10, 2001____________                                          _________/s/_________________________
 

cc:    Shasta County Board of Supervisors
        Senator Maurice Johannessen
        Assemblyman Richard Dickerson