Posted on 12/13/2001 7:37:16 AM PST by John SBM
Merry Christmas!
Huck: No it doesn't. Property rights are not a tax exemption.
I am afraid that you are both right. This is because there is no such thing as "the property right." Instead there is a bundle of rights. In legal terms, the county places a lien (claim) on one's real estate on Jan 1 of each year, which is removed once the tax is paid. What does this mean? This lien is a duty (absence of a right) to part with some of your wealth; thus, if the tax is $1000, you no longer have the right to that portion of your wealth. However, it is still your right to sell or otherwise transfer this property. You also have the right to modify the property. You have the right to enjoy it. In sum, the tax lien removes only one right from the bundle of property rights.
The right of eminent domain, reversion upon abandonment, zoning laws are retained by the government. The remaining bundle of property rights is referred to as fee simple --- this is what you typically get when you buy a house.
This goes back to the English common law, well before we spoke of socialism.
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