Wednesday, June 19, 2019

On Common Law Sovereignty and Permanent Residential Abode or Domicile status

So we are taught to believe that a "permanent residence" is defined by building code laws based on certain standards of "development." The problem with this well-accepted view is that I went Feral after high school - after my first year of college - I lived in the Wilderness in Alaska for six months. I lived in a cabin - and the person who lived there permanently lived in the same conditions as me. In fact I even achieved "residency" status despite the fact I was living in a cabin without electricity, without running water and without insulation.

So I call total B.S. on people being forced to accept that their residency status - their ability to have a "legal" permanent residence in a state, is defined by the building codes. Sure enough - after researching this issue for days on end - I think I'm not alone in this view:



So to achieve "state" residency is not the same as living in one location. But it would seem that one "permanent" residency is necessary.



Minnesota Rules 8001.0300, Subp. 6 states: “An abode is a dwelling place permanently maintained by a person, whether or not owned and whether or not occupied by the person.” This rule further states that an “abode” must be suitable for year round use, and contain facilities for sleeping, cooking, and bathing. Under this definition, an “abode” will include most single or multi-family dwellings located in Minnesota without regard to whether they are owned or leased. However, this definition of an “abode” does not include vacant land, an office, seasonal cabins/lake homes, any other structure not suitable for all-seasons, or any other structure that does not have sleeping/cooking/bathing facilities. The courts have not decided whether a motor home with sleeping, cooking, and bathing facilities qualifies as an “abode,” but we have seen the Minnesota Department of Revenue advance this argument.
So again - what does "facilities" mean? In Alaska we had I think a propane stove for cooking and we heated water for washing - on the wood stove - and used a bucket as a shower - in a little shower stall. I suppose it had a drain to the outside. The place was not insulated. It was 30 years ago... But what is considered "facilities" obviously VARIES a lot - compared to Alaska!!

https://www.dli.mn.gov/ccld/PDF/tiny_houses.pdf

There are the minimum size standards for a legal "abode" in minnesota.

Again they are nothing like Alaska - nor in Morocco where people lived self-sufficiently for thousands of years. Who are we to decide what is "progress" - or "development" - especially in the midst of abrupt global warming and the ecological crisis?

The Minnesota Senate overwhelmingly passed legislation on May 2 authorizing the use and zoning of “tiny homes” as a housing option for the elderly, disabled, and those nearing the end of life.

Minnesota Senate passes bill to allow ADUs as caregiver cottages

So can I just say I'm disabled or that we are all nearing the end of our lives - due to abrupt global warming? Certainly I'm supportive of living a long healthy life for everyone but I'm also willing to look at the empirical facts of the ESAS methane bomb and global dimming.

 The “tiny homes,” also referred to as “granny pods,” are homes that are limited to 300 square feet and reside on the existing property of a family member.

 So what I can do is just apply for a "hunting shack" permit - which is considered a "principal" or primary structure in my zoning up north. Luckily such a hunting shack does not need to be held up to rigorous Western development standards. But I do get an address - a street address - that then enables me to get mailed delivered. And that's all I need to begin establishing a Domicile or Abode existence. 

 As for building codes - that's really up to what I personally consider - as long as I don't live on my land MORE than is allowed for seasonal dwelling. I can camp out - and farm - and my zoning allows that - for seven months out of the year. So I can then also camp out for free in the national forest. This way I can spread the seven months out over the full year and get mail at my address. I don't get much mail at all.

 A key factor is a lack of low income places to live - homelessness in northern minnesota

Although progress is discouragingly slow, St. Louis County and Duluth are taking leadership roles in attempting to overcome homelessness, people involved in the work say.
An example is the way the county administers its coordinated entry list.

St. Louis County is one of 10 COCs — Continuums of Care — in Minnesota that were designated by the federal Department of Housing and Urban Development, said Kate Bradley, coordinated entry coordinator for the county. Hennepin and Ramsey counties each is also a COC, with the rest of the counties clustered into seven regions.

In 2012, HUD issued a requirement that each COC develop a coordinated entry list of its homeless population, so that housing would be provided in a fair, organized way. But there were variations in how fully the mandate was embraced.

"St. Louis County decided to put everybody on the list," Bradley said. "Some COCs said we're just going to start with singles, or we're just going to start with families, or we're just going to start with people in shelter. St. Louis County said if you're homeless, we're going to figure out a system that's going to work for you."

No one is required to be on the list. Those who do are assessed regarding such factors as mental, physical, chemical, social and legal health, Bradley said. That yields a score that places them in one of three tiers — permanent supportive, for those facing the highest barriers to be housed; transitional, for those in the middle ranges; and "rapid rehousing," for those with the lowest barriers.
When housing is available, it doesn't necessarily go to the household that been on the list the longest, and the household that's 894th on the list won't necessarily be the last assigned. Instead, Bradley said, it's more like a matchmaking service. The household that fits the qualification for the available housing and has the highest score will get first dibs.

"Some folks get on the priority list and miraculously the planets align and a unit opens up and you have the perfect score, and they're referred two weeks later," she said.

Others, such as singles whose scores place them in the rapid rehousing tier, are told, "I'm really sorry. No programs are pulling from the coordinated entry system currently for your score."

Homeless students in the Duluth schools who are on their own can be assessed for housing without leaving their school. That's because, near the beginning of this school year, Katie Danielson became the first school district employee in Minnesota qualified to conduct the assessments.
The goal is to minimize the impact on the students' education, said Danielson, the district's Families in Transition coordinator.
The assessment results are sent on to Bradley and so far have resulted in one student moved into transitional housing, Danielson added.

The county continues to innovate to chip away at homelessness, Bradley said. An annual housing summit, first inaugurated in the spring of 2013, spawned the Tenant-Landlord Connection to resolve disputes and prevent evictions. A landlord incentive program was established to encourage landlords to rent to people with criminal backgrounds.

Since July, CHUM has been able to house people who are under the influence in a separate room, executive director Lee Stuart said, although they are only allowed to sleep, not party. Also, Duluth Veterinary Hospital donated kennels and supplies so that people with pets can stay in another area of the shelter.

 So the question is - if you OWN your land - and you LIVE there as your "place" to live - and you LIKE living there - is the Guvmint gonna "evict" you since you violate their codes for what is required for a permanent dwelling unit? NO - not if you are not actually occupying the dwelling for less than the seasonal legal number of days a year! The cultural standard is that a "season" is consecutive days - but you can hunt in the winter right? It does not have to be just the summer camping season.

yeah in order to submit a building permit application you have to give away consent of your land sovereignty, so that a government agent can go onto your land to check for "compliance." No way am I going to agree to that. I can just camp with no need for a permit - up to seven months a year. I can spread that time over the year and then camp in the national forest the rest of the time. I do not need a mailing address - and if I am not allowed to have a car because I don't have a mailing address - then fine. The "online" application was very vague but very strong on giving away your sovereignty.

 The mail in application might be slightly better but the concept is still the same.  https://elixirfield.blogspot.com/2019/06/void-in-rule-of-primitive-dwelling-site.html for further details.

From MN State Statutes:

However, a cabin or cottage not suitable for year round use and used only for vacations is not an abode. Additionally, quarters which contain sleeping arrangements but do not contain facilities for cooking or bathing will not generally be considered an abode.

and

so you can be a resident but not domiciled and yet also have an abode.

You can also be a resident but NOT have an abode and not be domiciled!

The term "domicile" means the bodily presence of an individual person in a place coupled with an intent to make such a place one's home.
The residence of a single individual is in the precinct where the individual lives and usually sleeps.

So the question is -

address where mail is received;

is to determine residence.  But to determine Domicile status - this is used for residence:

Minnesota property tax statement for the current year that reflects the applicant's principal residential address both on the mailing portion and portion stating what property is being taxed.

So you have to be recognized through the country property tax statement as that being your primary or principal residential address.

So according to the county:

 Principal Structure - A structure or use that is the primary or predominant focus of activity


thanks for your feedback. So I am now just discovering - to be a "permanent" resident of MN you need an "abode" that has "facilities" for both "bathing" and "cooking." So it's completely based on building CODE - as designated by the county. So you have to get your property tax mailed to that address once the county assigns a "principal" structure building code. So the GREY area is that a park model RV can be a mobile home - at 320 square feet but it's not REQUIRED to have HUD standards till 400 square feet. So I'll now read the pdf on Tiny Homes again.. yeah so you can have a HUD "manufactured home" that is 320 square feet. This implies you can build a Tiny Home at 320 square feet also but it HAS to conform to the International Building Code (meaning fire extinguishers, etc.) Requirements for Light, Heating, Ceiling Height, Ventilation, Minimum Room Size, Sanitation, Shower and bath spaces, Emergency exit and rescue openings, means of Egress, smoke alarms, carbon monoxide alarms). So in other words - you HAVE to get electrical and plumbing code inspections for septic/sewage or whatever.


Otherwise you can be a RESIDENT that is "temporary" - meaning you have a place to sleep and live and you can VOTE from that address but your property tax does not acknowledge it as a PERMANENT address. So you can even receive mail there but that is not enough to be a legal DOMICILE. So that means you can not get a driver's license if you do not have a Domicile that is up to building code as an "abode."

So you could own property and technically still not have a permanent address - even though you can legally live there 7 months a year. On the other hand you could "convert" your "cabin" into an "abode" - IF you met the above building code standards. Again when I lived in ALASKA I did NOT have to meet those above standards to get a permanent residential status. I lived in an uninsulated cabin. Sure we did have a "shower" that was a bucket with a spigot - in a shower stall. I guess that could double as a bathing space right? We have a privy. Of course the cabin was full of smoke all the time - so no smoke alarm or CO alarm....Alaska did not care - no inspection to get permanent residency!

 My dad and I reconditioned a Chriscraft houseboat and he had it docked on the Mississippi. We go to it and the Chriscraft houseboat next to us was jamming Sitar music. I bet that guy (assuming) was technically Homeless but I sure was envious of his lifestyle - and I was only probably 17 years old at most. Probably 16 or even 14 years old. Anyway I'll look into the houseboat "domicile" code stuff. I know of "Spider Island" in Winona people liver there. I rode my bicycle there from the Twin Cities just becuz my coworker had lived in Winona and he told me how cool Spider Island was. (Also my mom could drive me back as she attended a wedding down there). haha. Yes looks like Alaska has even CLAMPED down on what it means to have a legal permanent residence now!! NOT living in a motorhome! Wow that's even stricter than the county in Northern Minnesota (it does allow Mobile Homes). Probably the same Alaska thing - with the HUD code enforcement at over 320 square feet. I even started reading the International Code Council - building codes! That's what each state "follows" now. Crazy how civilization is so "standardized" - that's the Matrix in action.

 files an amended homestead or homeowner's property tax.
 Homesteading has not been legal on federally managed lands in Alaska since Oct. 21, 1986,
 https://famguardian.org/Subjects/Taxes/Remedies/DomicileBasisForTaxation.htm

 A person can have many “abodes”, which are the place they temporarily “inhabit”, but only one legal “domicile”.  You cannot have a legal “domicile” in a place without also having an intention (also called “consent”) to live there “permanently”, which implies allegiance to the people and the laws of that place.
.....
8 U.S.C. §1101 Definitions [for the purposes of citizenship]
(a) As used in this chapter—
(31) The term ''permanent'' means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States[**] or of the individual, in accordance with law.
When might you want to withdraw your allegiance and the CIVIL statutory protection that goes with it?
 As stated by Mr. Justice Brandeis, "[a]n essential element of individual property is the legal right to exclude others from enjoying it." International News Service v. Associated Press, 248 U.S. 215, 250 (1918) (dissenting opinion).
Notice also that they say that citizenship is the effect of “compact”, which is a type of contract.  If “domicile” is the basis of citizenship, and citizenship is the effect of “compact”, then “domicile” amounts to the equivalent of a “contract”.  This leads us right back to the conclusion that the voluntary choice of one’s “domicile” is a “contract” to procure man-made protection and fire God as our protector:
Those who have a definite purpose because of their eternal covenant with God and their contractual relationship to Him described in the Bible and who know they are only here temporarily can only be classified as "transients" above.
 "Whatever these Constitutions and laws validly determine to be property, it is the duty of the Federal Government, through the domain of jurisdiction merely Federal, to recognize to be property.
"There is no such thing as a power of inherent sovereignty in the government of the United States .... In this country sovereignty resides in the people, and Congress  can exercise no power which they have not, by their Constitution entrusted to it: All else is withheld."
[Juilliard v. Greenman, 110 U.S. 421 (1884)]

“In the United States***, sovereignty resides in the people who act through the organs established by the Constitution.  [cites omitted]  The Congress   as the instrumentality of sovereignty is endowed with certain powers to be exerted on behalf of the people in the manner and with the effect the Constitution ordains.  The Congress cannot invoke the sovereign power of the people to override their will as thus declared.”
[Perry v. United States, 294 U.S. 330, 353 (1935)]
  Layered on top of the “national” income tax (not “federal”, but “national”, meaning federal zone) enforced upon “residents” of the federal zone is the income tax imposed MUNICIPALLY upon those DOMICILED rather than “RESIDENT” locally. This case shows how these two factors work together to determine I.R.C. tax liability and MUNICIPAL tax liability. 
Anyway turns out that the legal definition of "resident" versus "domicile" and "citizen" is the basis for the whole "sovereign" Christian anti-income tax movement. Pretty fascinating. I always had dismissed their arguments as wacky. But they argue that the IRS relies on "statue" law not constitutional law and so the IRS collects taxes from "residents" (including aliens). So therefore if you ARE a resident but NOT a domicile you are technically also an "alien" in your own nation based on STATUTE law but you are still a CITIZEN based on constitutional sovereignty law.

 Since DOMICILE is voluntary, even CONSTITUTIONAL nationality and state citizenship is voluntary. 
 It also implies that one can be BORN in a place without being a STATUTORY “citizen” there, if one does not have a domicile there.
 What makes a person a citizen of a state? The fourteenth amendment to the Constitution provides that: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." United States Const. amend. XIV, § 1. However, "reside" has been interpreted to mean more than to be temporarily living in the state; it means to be "domiciled" there. Thus, to be a citizen of a state within the meaning of the diversity provision, a natural person must be both (1) a citizen of the United States, and (2) a domiciliary of that state. Federal common law, not the law of any state, determines whether a person is a citizen of a particular state for purposes of diversity jurisdiction. 1 J. Moore, Moore's Federal Practice, § 0.74[1] (1996); e.g., Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir.) cert. denied, 419 U.S. 842, 95 S.Ct. 74, 42 L.Ed.2d 70 (1974).
[Coury v. Prot, 85 F.3d. 244 (1996)]
  A foreign national domiciled within the jurisdiction of the municipal government to which the term “resident” relates.  One can be a “resident” under constitutional state law and a “nonresident” in relation to the national government because their civil domicile is FOREIGN in relation to that government.  This is a product of the separation of powers doctrine.
interesting link $5k for 5 acres is considered cheap but probably "wetlands" - that's what I bought and I love it! Wetland-forest. So the setback is that it can not be "developed" - well I don't WANT to develop it! So then the setback means I can not be a "permanent resident" of Minnesota - with a driver's license. haha. Oh well. I'll still be a sovereign citizen of the US and so I can just ride a bicycle ten miles north to the national forest to camp for 14 days - and then return back to my land for 14 days - give or take a few days. I could do that ALL year long and it would legally still be "seasonal" camping as per number of days a year. haha. I would be taxed still as "rural vacant" or maybe agricultural nonhomestead - they're both 1% of land value. But since the land would remain "unimproved" then then land value would not go up. Is it my fault that MN sets onerous claims of "building codes" based on "facilities" to be a legal permanent resident? Like I said - Alaska set no such claims when I lived there in 1990 so I know from my personal experience that such claims are a scam. Oh well.

 You can have food/water/shelter but still not be a "legal" permanent residence with an abode. You can own land and build a shelter and grow food and have water and technically be homeless without a photo i.d. haha. You could not LIVE there LEGALLY all year round!! To be a "permanent resident" means to have a HUGE technological footprint required by the international code council (minimum square foot, electrical and plumbing, etc. - notice all those things are NOT food/water/shelter).

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