Galloism wrote:BK117B2 wrote:
"to take (the property of another or others) without permission or right, especially secretly or by force:"
"to take the property of another wrongfully and especially as a habitual or regular practice"
"to take (something that you are not supposed to have) without asking for permission"
"to take (something that does not belong to you) in a way that is wrong or illegal"
"to take or appropriate without right or leave and with intent to keep or make use of wrongfully "
" to take surreptitiously or without permission"
"To take (the property of another) without right or permission"
Thanks to Merriam-Webster, TheFreeDictionary, and Dictionary.com for those enlightening entries.
Here is the definition of a legal right:a claim recognized and delimited by law for the purpose of securing it
b : the interest in a claim which is recognized by and protected by sanctions of law imposed by a state, which enables one to possess property or to engage in some transaction or course of conduct or to compel some other person to so engage or to refrain from some course of conduct under certain circumstances, and for the infringement of which claim the state provides a remedy in its courts of justice
Wrongful is defined, in legal contexts, as:having no legal right; unlawful:
The court ruled it was a wrongful diversion of trust income.
The law recognizes that the state has the right to tax, therefore, not stealing.So.....taking without permission.....that sure looks like a definition of stealing! Turns out, by definition, it IS stealing.....and thus theft.
It's not taking without permission. It's taking without permission without the right to do so. This is an important point. If I'm injured by your shitty driving, I can sue you. If I win, then I can force you to surrender property to satisfy that debt, even without your permission. Consent is not an absolutely necessary component of property transfer to be valid.
The government has that right to exercise taxation.
I see that you've given up attempting to actually discuss the point with some rambling about American legal definitions.
Also, the government (as an organizational structure) cannot have any rights that people do not have. People do not have any such right to extort others like that.
Galloism wrote:
Don't need to prove it as it isn't relevant. The landowner (in this case me, not the government acting as a proxy for a group of people) has the right to set rent. Without a contract reserving that condition, you lose it when you sell off the property.
The 'contract' is in US code of federal regulations, and relevant state regulations, which you were aware of when you bought it.
Wrong. Without agreement, contracts do not exist.
Galloism wrote:
No, it hasn't. The government gave away or sold the land. It is no longer the landowner.
It still maintains certain rights to the land it never sold, unless you can prove it sold them.
Unless it can prove that it reserved those rights in the contract, it does not have them.
Galloism wrote:
No, you're using your 'logic' and falsely presenting it as mine.
Going with the 'nuh-uh' response, there, eh?
Wrong. When someone sells or gives away a property, their heirs don't get it.
Except it wasn't sold or given away. It was conquered. You just said you do not recognize the right of conquest, thus that conquering was invalid.
All subsequent sales are also invalid.
The heirs of the conquered own the land, since the conquered never sold it.
It has been sold or given away many times. Since being abandoned by the heirs of the original owner(s), it becomes perfectly valid.
Galloism wrote:
You hold the mineral rights so long as the contract of sale states that you do. If it does not, then you do not.
Wrong. You do not have that right to terminate a third party's rights (namely mine, in this example) without my consent. Because you failed to include it in the contract when you sold the land does not terminate my rights which I have by value of the contract.
Now, the third party who bought the land could conceptually sue you, the original seller, for failing to disclose the mineral rights sale to a third party, in order to recover the value of those rights, but I, as the mineral rights holder, maintain my rights regardless.
It doesn't matter if I exercise those rights in 1 year, 5 years, 20 years, or my heirs exercise them in 200 years. I bought those rights. They are mine. Your actions cannot dissolve my rights.
The thing is, if the person who bought the land KNEW of the mineral rights being sold to a third party, they could not sue you for failing to include it in the contract, because no actual damage was done. You knew what you purchased even if the contract contained a flaw within the text.
Except that, as has been repeatedly explained, that isn't relevant to the actual issue at hand.





