Robert Saulnier Trial Aug. 15th

[Michael Fisher]

On a more serious note, with all of this talk about fasting, it brings up the issue of death.

I'm constantly reminded of the inevitability of death when working for liberty through self-suffering.  I live only for liberty, love, honesty, nonviolence, and volunteerism, and for no other reason.  Death is an old familiar feeling to me, and I look forward to being with my sister who committed suicide 8 years ago.  I want to use every ounce of my being to bring this terrible system to a complete hault, even if it means my death right here and now.

Maybe this is just melodramatic, and maybe it's not that hard to win liberty.  But I really don't see how it could be easy, or the world never would have come to be this way.

[Michael Fisher]

Dude, find yourself a good dawg.? Your wife will thank you.? Dey are warm, cuddly, loyal and would defend yu til der death.

Two dogs are good enough!  I don't need another dog.

Or is this just some cryptic language I don't understand?

[Kat Kanning]

Mike....um....you're like talking to a dog, you know?

[AlanM]

Mike....um....you're like talking to a dog, you know?

woof, woof 

[John]

On a more serious note, with all of this talk about fasting, it brings up the issue of death.

I'm constantly reminded of the inevitability of death when working for liberty through self-suffering.? I live only for liberty, love, honesty, nonviolence, and volunteerism, and for no other reason.? Death is an old familiar feeling to me, and I look forward to being with my sister who committed suicide 8 years ago.? I want to use every ounce of my being to bring this terrible system to a complete hault, even if it means my death right here and now.

Maybe this is just melodramatic, and maybe it's not that hard to win liberty.? But I really don't see how it could be easy, or the world never would have come to be this way.

OK Mike, this is almost too much to try and respond to while I'm running on almost nothing but several breif (15 min. or so) "power naps" (mostly in my car) (Oh, and food) during that past 30 hours . . . (And this is without the assistance of drugs by the way.)
I chose to keep going because being with Liberty-oriented freinds today was more important to me than to earn 12 hours pay - wich I would be doing right now, had I slept.

From the time I left work at about 5:00 AM (after about 13 hours there) 'till now, I have been doing things which one of my brothers would be doing if he was still with us.

Because you guys & gals were going to be in Summersworth at noon, I went directly from work to the seacoast. ?I though I would get pictures of the sunrise today. ?The sun cracked a small smile on the horizon at Hampton Beach - and only for less than a minute - hours after I had taken my first photos of the day - photos of a young man (in a clowd of steam) cleaning the sidewalk in front of his place of employment.

Hours later, I met a man playing his guitar on the wall . . .and we talked for quite some time . . . we talked about what Freedom realy meens . . . And, he says he will say hello here at NHfree.com . . . I think he actualy will.

Some folks would say that we had very "grey skys" today.
I, once again, saw the Silver Skys of New Hampshire!

As I said in Somersworth today, what we are doing sometimes has VERY little ripples.

I thought I was going right home when I left Somersworth, but then (after miles of Seacoast traffic) I felt like returning to Hampton Beach.

Under the SILVER SKYS of NEW HAMPSHIRE, folks were still having fun on the beach . . . and then, the sun came out breifly again for those who held out hope!

KEEP HOPE ALIVE!

[Dave Ridley]

Mike thanks so much for everything you have been doing to help Salty & co. ; it's fun to see how your credibility is soaring based on your readiness to take action but your refusal to compromise your ideals. 

Here's an idea...if you do civil dis again (or even if you just fast), you could shave your head, wear round spectacles and wear a loincloth!  That would triple the news coverage , it would be so visual!  I don't think any of the rest of us have the clout to do this but you could pull it off.   

[Kat Kanning]

I've got a good idea....Dada can shave his head for the cause....oh, wait....

[Russell Kanning]

I've got a good idea....Dada can shave his head for the cause....oh, wait....

he could go with the outfit though

[Kat Kanning]

We could start a Buy-Dada-a-Diaper Fund.

[Russell Kanning]

Mike Fisher considered it a loss.
It sure is better than jail time. The big problem has already happened they took his house

[Michael Fisher]

Something tells me sung is bitter.  But why? ???

[Michael Fisher]

Mike thanks so much for everything you have been doing to help Salty & co. ; it's fun to see how your credibility is soaring based on your readiness to take action but your refusal to compromise your ideals.?

Here's an idea...if you do civil dis again (or even if you just fast), you could shave your head, wear round spectacles and wear a loincloth!? That would triple the news coverage , it would be so visual!? I don't think any of the rest of us have the clout to do this but you could pull it off.? ?

ROFLMAO!!!

[Russell Kanning]

And though we lost this one...

[John]

You people make me sick. You think paying "only" $100 and "suspending" everything else is a victory? What sorry, sorry people.

Hey dude who said "Victory"?  Have you ever faced a local tyrany and come out better than you thought you might?  Have you ever stood up and taken the fight to them?
Have you ever seen a young person (with no legal training, BTW) stand up and defend her dad?

I hope you're not too sick over this.  Sometimes it is nessessary to first stop the bleeding before moving forward.

We learn by doing, we help where we can, we stand with our friends.  We/I look foward to your expert wisdom.  We/I look forward to some of your positive input!
Please let us all know now we can do things better.

I have an idea about how I would have done things - but hey, you know what, I was not the one facing these jerks.  I wasn't the one facing jail-time!  I wasn't the one who had to stand up in court and take action.  Hey, to put it plainly, it wasn't my ass on the line!

Dude, when you are ready to take action let us know.  That's what we are about here - action.
Wanna debate?  Some of us are tired of the debating.  That's why we are hitting the ground . . . see you on the street?

HAVE A FREE DAY!

[mulp]

Constitutionality of Takings by Municipal Tax Deeds
By: Andrea L. Sennott, Esq.

As you may be aware, there have been recent changes in the law regarding a municipality's ability to take land by tax deed. This opinion is issued in light of the Supreme Court's recent decision in Thomas Tool Services, Inc. v. Town of Croydon. I have attached a copy of that decision for your reference. You will note that the Croydon case pertains to a property that was taken by the Town of Croydon in 1992, by tax deed, pursuant to RSA 80:76m the alternative tax lien procedure. The Court was faxed with the narrow issues of whether or not the alternative tax lien procedure violated the takings clause of the New Hampshire Constitution. The "Takings clause" provides that "no part of a man's property shall be taken from him, or applied to public uses, without his consent, or that of the representative body of the people". This provision further requires just compensation in the event of a taking.

In the Croydon case, the property owner had purchased property in 1983 for approximately $65,000.00. In 1995, the Town took the property of $370.26 of unpaid taxes. Although the exact value of the property at the time of the tax deed is unknown, it is clear that the property was worth substantially more than the amount of the outstanding taxes. The plaintiff challenged the alternative tax lien procedure on the grounds that the tax deed was a taking, and the owner was not justly compensated. The Court found as follows:
Assuming that the property is worth substantially more that the $370.26 that the defendant paid for it, the defendant has realized an enormous surplus. While we do not condone delinquent taxpayers, the amount of surplus the defendant realized results in an absurdly harsh penalty. We therefore hold that the statutory alternative tax procedure is unconstitutional.

Although the Court did find the alternative tax lien procedure of RSA 80:58-87 to be unconstitutional, this may not prevent a municipality from taking property by tax deed pursuant to the current statutes. AS you know, in 1998, the tax deeding procedure was amended by the New Hampshire Legislature, with the addition of RSA 80:88. NH RSA 80:88 limits the amount of money a municipality may recover as proceeds from the sale of a property that was acquired by tax deed. A municipality may only retain the back taxes, interest, costs, and a fifteen (15%) percent penalty. All excess proceeds shall be paid to the Superior Court by way of an interpleader action. At this point, all other lien holders and the former owner have the opportunity to recover the funds as found appropriate by the Court.

In addition to the provisions pertaining to excess proceeds detailed above, the Legislature added Section 80:89 which provides that prior to selling a property acquired by tax deed, the former owner must receive a notice of the impending sale and must be given the opportunity to repurchase the property.

If a municipality were to take property by tax deed and proceed to sell the property, we do not believe the taking would be considered unconstitutional, under the Croydon case, so long as the municipality followed the procedures laid out in RSA 80:89 and 80:90. However, if a municipality takes the property and intends to retain it, this may be considered an unconstitutional taking, since the Town would have received an enormous surplus, similar to Croydon.

In order to alleviate this problem, I recommend that a municipality have an appraisal done at the time of any taking. The municipality should then send a notice to the property owner, indicating that the municipality will reimburse the appraised value of the property, less the outstanding taxes, interest, costs, fifteen percent (15%) statutory penalty, and satisfaction of any mortgages or liens on the property. The municipality should also inform the owner that so long as he does not accept the funds offered by the municipality, RSA? 80:89 allows a former owner up to three years to repurchase the property.

If this procedure is followed, it is my opinion that the taking would not be considered unconstitutional under the Croydon decision.

www.dtclawyers.com/Articles/Constitutionality.pdf

This may explain why the town doesn't want it on the record that the property is being taken for public use.

But it does depend on property title status.? I'm bothered that there is no clear statement of what the property's status was in regard to liens during the 90s.? An escrow account is mentioned with multiple attempts to pay taxes from the escrow account, and something about a bank, so that suggests that a bank or mortgage lender had a lien on the property.? Has that lien been cleared?? By whom with what money?? What was the property assessed at by the town?? (and what was the adjustment to market at that time)? What was the assessed value of the property at the time of eviction?

I recall a mention of the town asking for quit claim to be signed.? That suggests they were offering to pay the balance of the property tax?

Seems to me that one thing needed is to understand what has been recorded for the property in the past 15 years at least and probably all the way back to the original title transfer.? If there was a bank mortgage that was sold and repackaged, etc., the trail of liens might be difficult to sort out in terms of finding out who held the note.

For the past two years or so, I've gotten fed up with the mostly junk mail, phone calls, and I've been short of cash and income to itemize and deduct the property tax payment, so I'm behind and a lien has been placed on my property.? I haven't exactly been checking on things to make sure I know exactly my risk exposure, but I do have an idea where I stand and I'm not going to say "the tyranical state took my property" if I don't arrange something before the state prescribed grace period is up.? (You can say I coulda/shoulda/woulda done something to avoid being in hock to the state, but I haven't/didn't.)