- What is a tax
abatement, you may ask. A tax abatement is when a taxing board
grants a taxpayer a stay of paying a tax for a short or long term,
for a total or percentage of the tax. They are given for any reason,
like for the building of a new building to increase employment. A
company having financial problems. Non profit groups,
"churches, boy scout camp sites, etc". I have found
private homes for questionable reasons.
- How do you get a
property tax abatement? First you file a F.O.I.A. " Freedom of
Information act." File it with your taxing board. (Township,
city, county or state) The question you ask is; "Requesting to
see the records of property that is now or in the past that have
received tax abatements." Pick out the ones that have been
given the most and the longest time. Get copies of the ones you
want. There may be a charge for copying. They, by law have to
give you the information.
- Now that you have the
copies in your hand, copy the first five or six pages of each of the
U.S. Supreme Court cases in this section or any other ones you may
find elsewhere. Read these cases very carefully, you will have to
know what they mean. They are cases where the Supreme Court has
said, they cannot do for one and not the other. You are the
other. Get copies of the Fifth and Fourteenth amendment, they refer
to this. If you do not understand them, get someone to help you who
does. Now make two copes of all the documents you have. The copies
will go to the tax assessor. One for the assessor and the other for
their attorney. You now have the material you need to get your tax
- At this point if you
are not competent to do this, STOP HERE!!!! If you do not do it
right, you will NOT get your tax abatement. If you are not ready to
go to court if you fail, STOP NOW.
- Go to the taxing
authority and confront them with what you have. Ask for the rebate
of your choice. give them copies of the material you have collected.
It makes no difference why they gave the abatement to someone else,
they still have to give one to you. Let them know if you go to court
and win, everyone will be able to get one. Is the chance worth
- You are
entitled to any privilege they give to any other citizen.
cases. 83 U.S. 36., (1872)
- Here is a case that has four cases in one. It
talks about prohibiting people from using their land, and giving
that right to a corporation. The government cannot take a right from
you and give it to another. Part of the case, was New Orleans had
set up a large area to slaughter farm animals. This gave the
corporation the exclusive right to slaughter all farm animals in the
parishes of Orleans, Jefferson, and St. Bernard. And a land owner
could not sell animals or produce from his private land.
- This is a 5th and 14th Amendment and Article 1
section 10 VIOLATION. "No Title of Nobility shall be
v. OGDEN, 22 U.S. 1 (1824)
- The acts of the Legislature of the State of New
York, granting to Robert R. Livingston and Robert Fulton the
exclusive navigation of all the waters within the jurisdiction of
that, with boats moved by fire or steam, for a term of years.
v. Plain Dealer Publishing Co,. 486 U.S. 750 (1988)
- Here we find another pick and choose as to who
will get the favors of the government.
v. Omni Outdoor Advertising 449 U.S. (1991)
- The city fathers wanted to have one sign
company to put up all of the signs in the City of Columbia, South
Carolina. So this is another loss for the great leaders of our local
government. They don't seem to realize our U. S. Constitution is for
equality, and not a buddy system.
v. Medlock,. 499 U.S. 439 (1991)
- Another case of playing favorites. This one is
about taxes. It seems that the state of Arkansas wanted to charge
Mr. Medlock taxes on his cable television subscribers and not on
newspapers and magazines. They all three entertain, give out news,
do advertising so they should pay equal taxes. Newspapers and
magazines could do good for elected officials. If your taxing
authority is giving a land owner a free ride and charging you. If
you are paying property taxes, I think you should put yourself in
Mr. Medlock's place and get what is yours. There is no lawful law
that allows discrimination.
KNOW YOUR LAND RIGHTS!