.
Property
Taxes Became Land-Rent in New York
(a "libertarian"
challenge to Georgist principles) |
| Comments posted by
the author on militia-discuss@yahoogroups.com, 8 January 2003. Also
included below are responses by Dan Sullivan and an exchange between
Mr. Ferran and Jeff Smith. |
If the Property Tax Amount is levied EQUAL TO the Rental Market Value
of the land and, (as according to current NY statutes), a failure to pay
the "tax" will result in a complete loss of possession AND of
ALL EQUITY, then the "owner" is in exactly the same position
as a "tenant" paying "rent" to the state. It is a
physical fact. "Tenancies" are marketable whether they are
freehold or leasehold. In Law, a landowner is a "Tenant" and
co-owners are referred to as "Co-Tenants." This is because at
common law there were practically differences in law between the rights
of a freeholder and a leaseholder, apart from remedies for "waste."
It is not uncommon today for one corporation to offer cash to another
corporation to induce the second to assign its commercial lease of a
good retail location. Therefore a leasehold (tenant) interest can be
bought and sold in a market, just as a freehold (fee owner) interest
can. And, to further blur any supposed distinction between leasehold and
freehold interests are the "100 year leases". Banks Can and DO
give "mortgages" based on such long-term LEASES as security in
a Mortgage, especially in commercial property contexts. There are no
practical differences between a long-term leasehold interest and a fee
ownership interest other than the amount that someone else may be
willing to pay to acquire it, which is not a LEGAL difference. The value
of each is based on the fact that they grant the exclusive right of "possession"
and "use." See "Rights of NY Landowners" at
http://billstclair.com/ferran/
If one has to pay a private "landlord" or instead a "government"
for the continued privilege of possessing and using land, RETAINING NO
EQUITY upon default, then one is in the same position in contemplation
of the law, - a tenant. The "owner" then has "merely
nominal proprietorship in the same" which he can transfer to
others, while he is able to pay the tax/rent. The Works of Karl Marx
(1869) http://www.marxists.org/archive/marx/works/1869/12/03.htm
The fact that the property taxes TODAY are generally not levied at
amounts equal to the rental market value of the land does not change the
fact that the legal status of land-ownership in New York state has been
changed. With the cooperation of profoundly dense people, property taxes
someday may generally be levied equal or nearly equal to the rental
market value of the land. All that is necessary for this final change in
practice to occur is for people to continue to waste the time, and
dissipating the energy, of those moral and intelligent people who would
speak up against, and perhaps even fight against, the "Georgist"
(and Socialist) heathens that despise the institution of private
property.
The Theory of "Georgist" revision of the tax laws is
explained as follows: "Rather than nationalize land outright, the
single taxers would levy a 100 percent tax on the annual land rent-the
annual [rental] income from the site-which amounts to the same thing as
outright nationalization. Georgists anticipate that the revenue from
such tax on land would suffice to conduct all the operations of
government-hence the name "single tax. [The] "single taxers"
expect that confiscation of this "unearned increment" will
keep public coffers overflowing far into the future. ... The deficiency
in that argument is the neglect of the time factor in production.""
http://www.mises.org/rothbard/georgism.pdf
In 1880, Henry George proposed that all existing taxes on labor and
capital (e.g., income, sales, trade; buildings, houses & other
improvements to property; agricultural, industrial, commercial, and all
other productive activities), be abolished. He wanted public revenue to
be raised from only one "single tax," to be imposed on "unearned"
land values. These values supposedly derived from such factors as urban
concentrations of population, fire and police protection, good schools,
libraries and entertainment facilities, arteries of transportation,
scenery and climate, and other amenities unrelated to anything done by
non-producing landholders.
In other words, the result is, if you and your neighbor own the same
amount and kind of land, and your neighbor builds a Million Dollar House
on it, but you have a built modest $100,000 house on your lot next door,
you both pay the same amount of property taxes. And, if your neighbor's
house increases the value of your neighborhood's land, YOUR TAXES
INCREASE to compensate for the fact that he does not pay any more land
taxes than you do. In other words, a savvy millionaire would build his
fancy house in a middle-class neighborhood to get them all to pay
increased land taxes that under the present land and improvement
taxation system, he would pay taxes for. He minimizes his land-taxes by
living in a fine home among poorer people. Naturally, he would build a
fine gate and fences to keep the rabble from peering into his lot to see
what they were, in effect, paying for. Similarly, a smart slumlord will
want to built a very tall slum building in the middle of a poor or
middleclass area in order to squeeze many Section-8 rent-paying people
onto the smallest footprint of land, while offering them the quality of
life in the neighborhood of productive middle-class people. The Slumlord
does not pay more land taxes if he builds upwards with more slum units,
so he has no economic incentive to choose tenants carefully. He thinks "quantity",
rather than "quality". And, the slumlord can afford to charge
less for rent, so he can afford to have really very unproductive slummy
people as his tenants.
Henry "George himself expected that the single tax would
'accomplish the same thing (as land nationalization) in a simpler,
easier, and quieter way.' The hollow form of private ownership in land
would remain, but the substance would have been drained away."
http://www.mises.org/rothbard/georgism.pdf
This is the propaganda of a Georgist-Progressive Organisation: "Common
Ground-U.S.A. is dedicated to the ... replacing taxes on labor, capital,
and wealth, and to using the value of land and other natural resources
to pay for essential governmental services." http://www.progress.org/cg/
The Institution of Private Property rights - "was the one on which
this nation was based, and which helped make it the most peaceful, free
and wealth-generating society the world has ever known."
http://www.reviewjournal.com/lvrj_home/2002/Dec-23-Mon-2002/opinion/20323952.html
The Georgists simply want to cash in on the "value" that has
built up in private land over time, since it was cleared and settled
hundreds of years ago. "Man had to find it, clear it, fence it,
drain it, and the like; so the value of an "unimproved" lot
includes the fruits of man-made improvements."
http://www.mises.org/rothbard/georgism.pdf They call this built-up value
"the maldistribution of wealth" and view Georgism as a way to
correct that by re-distribution of the wealth into the hands of the
government. http://www.earthrights.net/docs/advisors.html
The Georgists freely admit that the result will be to depress the
market value of the land to the point were it is worthless to "own"
unless you need it (e.g. for a residence) or find a way to make
activities on it produce income. "Land price would disappear ...
The Georgist proposals [would mean that] there is no ... income to be
made from ... investment in land."
http://www.multiline.com.au/~georgist/pat.htm "A 100 percent tax on
rent would cause the capital value of all land to fall promptly to zero.
Since owners could not obtain any net rent, the sites would become
valueless on the market."
http://www.mises.org/rothbard/georgism.pdf In other words, people will
NOT INVEST in American land ownership, and will instead tend to invest
in movable or intangible ventures, such as overseas and multinational
corporations. And, in turn, Wealthy Multinational Corporations with the
money to invest in putting land to their use could buy up vast tracts of
America, including a majority of all residential units. In time, all
private single-family homes would be voluntarily sold to corporations,
which would then maintain them for the tenants (former owners). The
elderly will receive no economic retirement reward from the investments
they made in land and home during their younger years. Their equity will
vanish.
Georgists believe that "the site-owner ... is, therefore, a
parasite and an exploiter, and so taxing 100 percent of his income could
not [be deemed a form of stealing]." http://www.mises.org/rothbard/georgism.pdf
John Adams stated: "Property must be secured, or liberty cannot
exist." John Adams ("Discourses on Davila," 1790)
Adams also said: "The moment the idea is admitted into society
that property is not as sacred as the laws of God, and that there is not
a force of law and public justice to protect it, anarchy and tyranny
commence. If 'Thou shalt not covet' and 'Thou shalt not steal' were not
commandments of Heaven, they must be made inviolable precepts in every
society before it can be civilized or made free." (A Defense of the
American Constitutions, 1787)
Some people, determined to maintain their "ownership" in a
Georgist confiscation system will desperately Try to invest in
improvements upon the land to make it produce income sufficient to pay
the rent demanded by the government, but the Georgists' "attempt to
force all land into production would bring economic disaster. Forcing
all land into use would take labor and capital away from more productive
uses, and compel their wasteful employment on land, a disservice to
consumers." http://www.mises.org/rothbard/georgism.pdf
Some of these Georgists seem to covet privately owned land, and desire
to use or control it without the interference of "landowners."
Other Georgists seem to be simply income-tax protestors who think that
the income tax burden should be shifted to anyone who has accumulated
and invested enough wealth (income) in land ownership. Ultimately,
Georgism is mere Covetousness.
Georgists seem to operate on the outdated presumption that Wealth is
produced by Land, and that Land (Real Property) Taxes can be a surrogate
for Income Taxes. Their presumption is based on a agricultural economy,
which prevailed in this Country until WWII, but which has ceased to
exist. Wealth is not created by the action of sunlight striking the land
and producing crops. Wealth in this Century is generated by the directed
application of Energy derived from Oil and Fossil Fuels.
The Georgist school asks: "What steps would you propose for
widespread understanding and adoption of the Georgist philosophy?"
http://www.henrygeorgeschool.org/pdf%20output/microsoft%20word%20%20-%20aeq10.pdf
All that Georgists require to accomplish the "adoption" of
their intended conversion of Property Taxes into Rent payments is for
ignorant people to remain ignorant of and indifferent to the changes the
made to the Tax Law, while the property taxes are incrementally raised,
generation after generation.
Georgism proliferates in Government Policy through the agency of
panderers called "Land Value Taxation Advisors": "Land
Value Taxation Advisors can assist you and your community through all
stages of implementation of this policy, including: Initial education
and advocacy ... Political groundwork to obtain enabling legislation."
http://www.earthrights.net/docs/advisors.html
"No doubt, the single taxers would hire an army of tax assessors.
But assessment is purely an arbitrary act and cannot be anything else.
And being under the control of politics, it becomes purely a political
act as well. [A]nd the single tax program could not be installed except
by arbitrary authority." http://www.mises.org/rothbard/georgism.pdf
The following two people are Georgist Land Value Taxation Advisors:
Land Value Taxation Consultants, Scotland, PA, USA, Alanna Hartzok,
Coordinator, mailto:earthrts@pa.net
International Union for Land-Value Taxation and Free Trade (UN),
Washington, DC, USA, Robert V. Andelson, President,
mailto:rvandelson@mindspring.com
People like these infiltrate state, local and national legislatures as "advisors",
and induce them to jack-up Real Property Taxes to confiscatory levels,
simply because they CAN. I can prove that Avowed Georgists have
surreptitiously influenced changes to New York State's Real Property Tax
Laws as advisors to the NYS Legislature. Consequently, New York has the
highest Real Property Taxes in the United States. These Georgists seek
to extract the wealth that has been invested into land over the past 4
centuries of freedom and property rights. Once the wealth has been
extracted by confiscatory taxation, they seek to control what are today
private lands as absolutely as if the Government were the title owner,
as in Fascism. In summary, Georgism is simply a scheme to induce a mob
to confiscate privately owned land rights in a systematic and orderly
manner, without the pitfalls of an all-out socialist Revolution.
Georgist revision of the Tax Laws of a state "is a long step toward
...government ownership." http://www.mises.org/rothbard/georgism.pdf
A specific intent of Georgists is to transform the ancient Real
Property Tax system of every state into a Rent-Collection system in
which the Government practically and ultimately owns 100% of the EQUITY
value remaining in the premises, regardless of the amount of the "taxes"
actually needed for public purposes. It encourages waste in government
spending. This subversion has already occurred in New York (where,
because a proliferation of spending opportunities, it takes many extra
months for state legislators to decide how to spend taxpayer's dollars.)
Georgists believe that: "It is necessary that there should be
rent, but it should be paid to the state or to some body which performs
public services; or, if the total rental were more than is required for
such purposes, it might be paid into a common fund and divided equally
among the population."
Georgists freely admit that under their system of Government, the Real
Property Tax ceases to be a "Tax" and becomes "Rent"
paid to the Government. "Economic rent, if collected by society, is
not a tax ... [And] rental value of land (economic rent) should be the
main source of public revenue" http://www.multiline.com.au/~georgist/pat.htm
Georgists believe that "land cannot justly be private properly.
... This is Georgism." "The fatal flaw in libertarian thought
is not in the unabashed substitution of private enterprise for all the
activities assumed to be functions of the state. Rather, it is in its
defense of private property in land."
http://www.cooperativeindividualism.org/johannsen_georgism_libertarianism.html
Georgists believe what Adolf Hitler later said: "WHAT we need ...
is a land reform.... And land [Grund und Boden], we must insist, cannot
be private property. Further, there must be a reform in our law. Our
present law regards only the rights of the individual. It does not
regard the protection of the race, the protection of the community of
the people. ... A law which is so far removed from the conception of the
community of the people is in need of reform." - Adolf Hitler,
MUNICH, SPEECH OF APRIL 27, 1923
http://www.propertyrightsresearch.org/dear_fellow_property.htm
[Apparently a quote from a Karl Marx manuscript published in April 1868.
See http://www.mlwerke.de/me/me18/me18_059.htm - Scott]
Georgists "simply laugh at the idea that there could be moral
rights of property."
http://www.progress.org/lambert06.htm
"Private property must, therefore, be abolished .... In fact, the
abolition of private property is.... rightly advanced by communists as
their main demand." Frederick Engels, The Principles of Communism
http://hometown.aol.com/ctgabe/communist.manifesto.01.htm
Now, see if you can point out any differences between Georgists and
Socialists and Communists with respect to the Abolition of Private
Property. And see if you can find in the STATUTES of New York any real
difference between Real Property Taxes and Rent. The only difference at
this time is amount of rent/tax demanded by the Government, which is not
a legal difference. There is no longer any difference in NY statutes
between Property Taxes and Rent. The Georgists are winning in New York,
thanks to dense people. The members of this group should make an
individual and collective decision whether you are For or Against the
Abolition or Private Property by agents of "Georgism." To help
you decide you position on Georgism, you may want to read all of
http://www.mises.org/rothbard/georgism.pdf and my articles at:
http://www.propertyrightsresearch.org/dear_fellow_property.htm
and http://billstclair.com/ferran/
Actually, Mark Ferrin just subscribed to this list. Thought you might
want to know.
As for Jeff's responses to his past writings, it is common for people
in the LP, ignorant of the long historical connections between
libertarianism and land value taxation, to react to their misperceptions
of heresy. However, some of the great thinkers in the LP (David Nolan,
Karl Hess, John Hospers, etc.) have sort it out and come to
substantially support key Georgist positions.
The right-wing reactionary tendencies of some libertarians are no worse
than he left-wing reactionary tendencies of some greens. The key is to
identify with their fears and values and address them. Beating them in
debate is only useful if there is an audience to win over, as one almost
never wins over the person one is debating.
In that vein, I think my "Common Rights vs. Collective Rights"
is more useful for libertarians who are genuinely interested in
understanding than my earlier "Are you a Real Libertarian or a
Royal Libertarian?" While the latter presents something of a tour
de force against the myth that libertarianism is synonymous with
unlimited property in everything, the former goes right to the
fundamental fear that George would grant discretion over land use to the
state.
http://geolib.com/sullivan.dan/commonrights.html
http://geolib.com/sullivan.dan/royallib.html
Similarly, while Mike O'Mara's analysis showing that the landlord is
actually a governing entity over a political subdivision, while
logically solid, also fails to address those key underlying fears,
causing many libertarians to react instead of reason things out.
It is not so much a matter of finding things that will *make* them
understand as it is of first understanding them and finding the things
that will *allow* them to understand.
| Mark Ferran
Responds to Jeff Smith |
Mark Ferran:
To what exactly do I owe being selected to receive your letter?
Jeff Smith:
Your address being on what I got.
Mark Ferran:
Since the "rent" amount to be demanded by the government is
essentially governed arbitrarily by the government, only those who have
the money will pay it, and those who do not will move to cheaper places
if any exist.
Jeff Smith:
A fair fear, but unfounded, tho' prevalent. Check reality, in
particular all the examples of public land, such as the US West, where
users pay well under market value, the port districts of most port
towns, Hong Kong, Canberra, etc.
Mark Ferran:
In fact it seems to be one of the subtle forms of income tax which
existed in the former Soviet Union.
Jeff Smith:
"fact" - interesting choice of words. The xUSSR did not
charge any rents for occupation or use of sites. That was one of their
big problems.
Mark Ferran:
The public necessities of the people (as classically defined),
Jeff Smith:
That classical definition is?
Mark Ferran:
intend to harvest such income to the largest extent possible (by
force).
Jeff Smith:
All taxes are by force. Hence, some of us libertarians propose
abolishing them and replacing them with user fees.
Mark Ferran:
Citizens Dividend" to all those of the Proletariat mob who voted
for the measure.
Jeff Smith:
Here's the nub. Many do not feel worthy of justice, of a fair share.
Mark Ferran:
You want to redistribute the income of the productive into the hands of
the less productive.
Jeff Smith:
Not redistribute, but predistribute, just as a REIT does. And there's
nothing productive about land speculation, as even Carnegie noted.
Mark Ferran:
Replacing the Institution of Private Property with an institution of
Communism.
Jeff Smith:
Actually, solidify property, both private and public, by erecting both
on secure moral foundations. That is, what you produce is yours forever,
untaxed. What we produce (locational values) are ours to share.
Mark Ferran:
Undoubtedly someone in the government will decide to demand labor and
services (or votes and other support) from recipients of this largess,
thereby instituting a communist-government type labor-system.
Jeff Smith:
"Will"? That's what's going on now, demanded by both
politicians and whom they serve, the rentiers.
Mark Ferran:
The society which you describe,
Jeff Smith:
Me describe? I didn't pen the following.
Mark Ferran:
The REAL intention (which you expressly described) simply and
ultimately is to establish a communist-type system of
income/wealth-redistribution.
Jeff Smith:
And this constant commie carping, gee, I'd thought the red scare was
passe.
Mark Ferran:
The First Plank of Communism.
Jeff Smith:
Funny you'd call Paine, Jefferson, Friedman, the Lib Party founder
communist.
Mark Ferran:
Non land-owners renting on the other side of the state did not
contribute to the rental-value of my land.
Jeff Smith:
So if you put an apartment building on your land, your land has no
value?
Mark Ferran:
So, if "all" my neighbors are to fairly receive a "dividend"
from the rental value of my land, then it should be in-proportion to the
amount of land rental value that they own, and in proportion to the
amount of land-taxes which they paid.
Jeff Smith:
That does seem fair. But the reason for paying is to compensate those
whom you exclude. Exclude them from valuable sites, pay more. Exclude
them from low value sites, pay less. The reason all get back the same
amount is all have an equal right to mother earth, to the natural
opportunities bestowed upon us all, without any input of human labor (if
you're religious, it's even in the Bible).
Mark Ferran:
Taking money from their pockets, only to put it back, is pointless.
Jeff Smith:
True, if the amount you take and the amount you pay back are the same,
no one would ever buy stock, or, in this case, pay rent to their
neighbors.
Mark Ferran:
You seem particularly interested in redistributing the land-wealth of "New
York City."
Jeff Smith:
I seem or you judge? Looking inward, I feel no such particular
interest.
Mark Ferran:
I think though that your idea to put "affordable housing"
along Central Park.
Jeff Smith:
My idea? Your writing it is the first I've read it.
Mark Ferran:
From what little I know
Jeff Smith:
Thanks for not letting that remain a permanent condition.
Mark Ferran:
Georgists will place into the hands of government Assessors the power
to decide what is the "best use" of land,
Jeff Smith:
False. Let the market decide.
Mark Ferran:
Such "best use" decisions will of course require enormous
bureaucracy in a place of high population density.
Jeff Smith:
False. See New Zealand and other places doing it.
Mark Ferran:
Utterly fail to consider whether your proposals are consistent with
American Constitutions.
Jeff Smith:
False. In fact, the original constitution, the Articles of
Confederation, had a version of this system.
Mark Ferran:
Forbid the "Taking" of "Private Property" except
for "public purposes" upon payment of "just compensation."
Jeff Smith:
The big taking now is of public property, of publicly-generated rents.
Mark Ferran:
Thus, the land-confiscations which you propose, even if adopted by
local or state statutes, would be contrary to the United States
Constitution, and to the constitutions of the several states.
Jeff Smith:
Your misconstruing puts you in a bad light. I propose rent sharing. And
many jurisdictions already tax private land and lease public land, so it
must be constitutional.
Mark Ferran:
Government is DeFacto Communist and the Gun-Owning Masses Are Resisting
it.
Jeff Smith:
More mental masturbation.
Mark Ferran:
So, I assume you have a plan to disarm the rural populations of the
United States as effectively as some of the urban populations have been
disarmed, right?
Jeff Smith:
You do a lot of assuming to no useful effect.
Mark Ferran:
Oregon, where you operate, is in the 9th Federal Circuit. Isn't that
where some Federal judges recently declared that rural landowners have
no "individual right" (under the Second Amendment) to Keep and
Bear Arms? Didn't those same Judges also forbid telling school-children
about the Commandments: "Thou Shalt Not Steal; Thou Shalt Not Covet
they neighbor's ... land"?
Jeff Smith:
This is your nightmare, not mine. All this is news to me. Maybe some
day it'll interest me, but considering the source, someone who refuses
to hear and puts words in others' mouth, hmm.
Mark Ferran:
'Thou shalt not covet' and 'Thou shalt not steal'
Jeff Smith:
Precisely. Let's stop hoarding rent. Like the good book says, the
fruits of the earth belong to everyone.
Mark Ferran:
Given your Georgist/Communist colleagues' successes to date within the
United States so far (e.g., in New York state):
Jeff Smith:
I missed the celebration. What successes?
Mark Ferran:
ALL current and prospective land-owners should NOW ARM and train
themselves in preparation for Self-Defense of the Constitutional
Institution of Private Property, and to forcibly Resist the
Unconstitutional Institution of Communism.
Jeff Smith:
Yes. People who feel unworthy have utmost faith in violence, not
reason. The only assault on private property is the mortgage, and your
guns won't ever stop the big banks.
Mark Ferran:
Bottomline, land is not free. To whom should we pay? No one made it. We
all need it. So pay those whom you exclude from yours, as they pay you.
Jeff Smith:
What is -- "GINI quotients"?
Mark Ferran:
Percentage of people who own everything. "1" means one guy
owns everything. A high percentage, like .84, means few people own
almost everything. Places with exclusive concentration of ownership have
little or no sharing of rents.
P.P.S. What have Georgists accomplished in Pennsylvania?
Jeff Smith:
Please check our website in my sign-off. Thank you.
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