A founding principal of the United States is the private ownership of land.
The right to purchase private property was the catalyst to the idealization of the American Dream to purchase land, build your home, the Land it sits on and all of the Rights and responsibilities attached or appurtenant to it, as defined by Law.
Most people become familiar with land rights only when they acquire real estate either by inheritance or through the process of a purchase contract, they never learn the difference between the “dirt” and the “property” that is appurtenant to that land or “dirt”. Like rights to improve, use of, and the ability to pass it to the next generation as well as the management responsibilities and obligations that are a part of or appurtenant to “dirt” ownership.
Yes, in the Law they are separate things. Accordingly, their familiarity with land law or “dirt law” remains virtually non-existent; as they only become accustomed to State statutory regulations relative to the property appurtenant to the dirt they own. That is to say: State / County property taxing, zoning, building codes, etc. which are separate from the dirt but are based on the ownership of the dirt.
A good example is the dirt that is Florida is separate from the “Government” that is Florida. They are two separate things. The Government that is Florida is there for management of the Florida dirt; but the Florida Government has the responsibility to follow the Law that created it. The United States Federal Government and particularly the Acts of Congress.
We want to be clear that we are not trying to teach the Law, we are attempting to understand and debate the Law. At the same time we are attempting to explain how and why this happened to Walter and his family and point out some practical steps that you can use to attempt to avoid this from happening to you. We are not Attorneys we do this only within the context of our 1st Amendment rights.
Before we go further, we must examine a basic concept and role that Government and the Law share in human history and that is at the core of why societies naturally form laws and governments in the first place.
Although there are many such concepts that can be named one is certainly safety. This word can take on many forms, like security. Security is defined by BLD on pg. 1215 as “not exposed to danger; safe” and on the same page it defines secure as “not exposed to danger; safe; so strong, so stable or firm as to insure safety and financial security”.
As we examine the role and the actions of Congress , the Federal Government, the Supreme Court, the Legislature of the State of Florida and Walton County in these events; keep in mind that we assert that this is exactly what they were and are attempting to provide to you and all present persons and entities; and even all future persons and entities in the 30 “Public Land States”. [Definition of Public Land State: Any State that is not one of the original thirteen colonies, “Where a federal survey monumented a Township Range System Grid (or TRS Grid) into the earth, to establish boundaries, locate, define, describe land, to sell that land to the public, and to establish Counties, and States) like Walton County and the State of Florida.
We assert that the goal or intent of this Nations effort, was and is to make it safe and secure to purchase land or invest in real estate located in the United States for any person or entity on the planet
We have rights, and privileges, that are secured by Law.
To enjoy those and to enforce them we are required to fulfill our responsibly to the Government as required by Law.
Just as the Government must fulfill its responsibly to each of us as required by Law.
An Example: On Monday the second day of December of 1845 the 28th Congress of the United States of America granted the application of Florida's Government, the status of Statehood under the express condition that it shall never interfere with the primary disposal of the “Public Lands” within it.
A unique aspect of the American system of government and American Law is that, while the rest of the world views the United States as one country with one law, domestically American constitutional law recognizes a federation of state governments separate from (and not subdivisions of) the federal government, each of which is sovereign over its own affairs. Sometimes, the Supreme Court has even analogized the States to being foreign countries to each other to explain the American system of State sovereignty. However, each state's sovereignty is limited by the U.S. Constitution, which is the supreme law of both the United States as a nation and each State; in the event of a conflict, a valid federal law controls. (This is a critical concept.)
Today, only a properly convened (to cause to come together under specific conditions: WD pg. 310) Federal Court of Law can determine exactly what the Federal Law is, or what the Federal Law says or means, in any given circumstance, within any given jurisdiction, at any given time.
As, only a properly convened State Court of Law can determine exactly what the State Law is or what the State Law says or what the State Law means, in any given circumstance, in any given State, at any given time, within any given jurisdiction. A couple of observations about the Law and the physical world we all share. The Law is always growing and changing, just like our bodies each day, over time. Some parts of the law form the bones and change very little and other parts of the law are like our skin and can change as conditions require. Like getting a tan.
The written Law has been completely created by humans, and despite the fact that they are, and have been created by dedicated and thoughtful humans… as with all things made by humans, the Law is not perfect.
Our Legal system is a human construct and can only be made better and more effective by dedicated and thoughtful humans… like you, who are willing to make the effort to improve it for the benefit of all.
The Constitution of the United States is our nations “root” law. It asserts that it was written for the people by the people, so we have granted ourselves, along with other very important rights, the freedom of speech. We are therefore able to publicly speculate (the act of thinking and talking about the various aspects of a given subject; to meditate on it; to ponder it and profess it) [from Webster's Dictionary pg. 1368]. This includes the meaning of the written Law and to examine how the authority and integrity of the Law, which effects us all, is applied by our Government.
This then is the open forum of the Court of Public Opinion, and the true power of Democracy.
By publishing this true story we are convening the Court of Public Opinion and inviting everyone to examine the facts. We firmly assert that the implications of this case are very important and will merit the time and consideration of the issues
The core issues: Consumer protection in real estate, Government accountability, and Enforcement of the legislated Law.
Walter is not stupid, he and his family paid for the advise of Attorneys, they paid for surveys that show the Township Range Section Line, c they paid for a formal chain of title, c they paid for an appraisal, c they purchased title insurance, c they paid the application fees and got a mortgage, they paid the doc Stamps c and had it recorded, c They had a fence, c and a garden. c They liked it so much they built a successful Custom Stained and Beveled Glass business right there on the property so they could walk to work, c They paid all of their Taxes, c They even paid for some more land right next to them, c they paid all of their bills, c including their mortgage once a month, on time c for more than twelve years.
Then on Aug. 3rd, 2005 they were sued by Mr. Jay Odom c by and thru his Attorney George Ralph Miller [who was also the Walton County Attorney] and just fourteen and a half business hours later c on Aug. 5th of 2005. Walter and his family were restrained from some of their land, by verbal order of a, …no…by “the” Walton County Judge.
Afterward they went straight home, and discovered that the front door was not locked! They walked through the front office and opened the living room door. c LP Gas, c Propane!!… the smell is…un mistakable and thick. c One “eye” on the stove is lit with flame the three others are fully open with no flame…. Someone was actually trying to blow their home up and burn down what ever was left!...
A Sheriff’s report is filed.
So they instantly became indigent and homeless and were forced to close their business and file bankruptcy.
Sure they fought back but four years later after spending hundreds of thousands of dollars on more Attorneys, more research, and more surveys of this federal Township Section Grid thing, … the “ Federal Section Line” is “moved” by the judge, 164 feet north in 2009. So…Their land was “moved” with the Federal Section Line because they purchased a Security known as United States Land “Patent”. Well they live in a “federal government Township” in a “Public Land State”. Just like everyone in Florida does. [Most people do not know this even though it is true] and there are 29 more Public Lands States.
As a direct result of this “movement” or re-location, Right Now… today… their land “sits” on top of three of their neighbors lands and homes. Walter and family are now forced to sue these neighbors for ejectment from their land because Walter is not allowed to have encroachments inside his land, if he does he can not get homeowners insurance, he can not develop, and he can not sell… because he does not have clear title; but he has a government Patent which is defined by law as supreme title… But who would want to buy into this mess anyway?
As if this were not enough Walter is currently assessed and has to pay more Property Taxes on the “Improvements” inside his “lands new location and its new content” [like the neighbors homes and other items] but he has no ownership of these “improvements” or that land nor does he claim to but this judgment says… that he does.
ALL of this while… the neighbors are being assessed Property Taxes as if nothing has changed. So… Both Walter and his neighbors are paying taxes on the same land and the same improvements!!
On the other hand if this court order is correct is it not an official recognition that the County had failed to maintain the original Federal Section Line location and that the Section Line was in the wrong place when Walter purchased it “in Good Faith” back in 1991? Does this mean that the County / State has assessed and collected property Taxes from Walter for twelve years in violation of State law?
So the “Real” issue arises; Where is the original Federal Section Line actually located? How does Walter find it, how does Walter prove it, and who was supposed to keep up with it in the first place?
All of this happened because no one, not even the judge, is exactly sure, where the land Walter purchased is… because no one is exactly sure where this Federal Township Range Section Grid is located.
How that can happen is what this tour is about. However, here is a short Example Case from The Walton County Records. [Read paragraph 4 on page one (1) and paragraph D on page three (3). Yes; this is actually part of the Order of the Court at the end of an expensive trial. The Order of the Court in Warren v. Collins 1981
This stands as proof that TRS Grid has not been maintained by the County or the State as required by Law, after the Federal Government set it up… and that Walter is not the first victim in Walton County, there are many. And that if this can happen to them… it can happen to you. If you buy land in Florida.
Hey… Don’t throw things at or taunt Walter for his “good faith” real estate purchase. All he wanted was to trust his Government to do it’s job, so he could build a business, pay employees, support his family, own some land and enjoy life, liberty, and the pursuit of happiness like United States Congress intended.
Florida Law
It seems well settled in Florida Law, that the first or original monumented survey of any land, inclusive of error, rules over subsequent surveys; and the language there clearly states that subsequent surveyors must follow the original footsteps of the original surveyor, if some of or all of the land that was originally surveyed has been sold and the original survey was relied upon in the subsequent transaction(s) in good faith.
It also seems well settled in Florida law that U.S. Government Section corners established by the TRS Grid do not and can not be moved, that they are where they are inclusive of any error and no other agency or government has the authority to relocate them. But what happens if you can not find them, of if the government has ignored them, lost them, or even by it own actions destroyed them?
In Florida, it seems well settled that the actual possession of land, whether adverse, or by acquiescence, is settled in favor of the possessor provided that the possessor has had the land in question under substantial fence for more than seven years, and paid taxes on the land.
But the State is require to locate and assess this land by the TRS Grid, it is required to exercise “great care” in doing so. But this is not possible if the “root” or source of all title is dismantled by the government.
But only a Florida court can say what the law is in Florida or what it means in a particular case.
But even that Court must follow the rules. After all the United States is a nation of laws
As Citizens of the United States
We have rights, also referred to as privileges, that are secured by Law.
A very basic right is that citizens can and must rely on the Government to fulfill its responsibly to each of us as required by law, just we are required to fulfill our responsibly to the Government as required by law.
Thus is it always better to comply to the law. It is always correct to comply to the law. The only way to correct this situation is to comply to the law.
Walton Counties Management
We learned :
- that Walton County was formed in 1824 on Dec 29th; 21 years before Florida became a State.
- that Alaqua was the location of the first Walton County Courthouse
- that in 1830 The Courthouse at Alaqua Burned
- that the Courthouse was moved to Eucheeanna in 1831 and in 1885 it burned
and that in 1886 the Courthouse was opened at DeFuniak Springs, where it stands today.
Since 2005, when this began Walton County, by it’s own published budgets, has spent more than 20 million dollars of public money advertising Walton County. Asking people to come here, visit, buy land, build homes and business, hire and pay employees… invest in the future growth of Walton County. But it knows that these people could end up like Walter. Because it happened to them when they purchased land at the southern base of the Clyde Wells Bridge. After closing and paying in full they discovered that Mr. George Ralph Miller [County Attorney and Mr. Jay Odom’s Attorney] had participated in selling them land that they already owned. How does this happen in a government township?
Answer: By not maintaining the TRS Grid as required by law. By not having a County Surveyor and by participating in the destruction of the TRS Grid. There is also this: Walton County has spent millions of dollars to prosecute and incarcerate “criminals” [people and institutions that break the law] yet it is actively breaking the law and so is the State of Florida
The Office of the Walton County Surveyor
The public record is clear that there was an Office so titled. Yet today, the Clerk of Walton County cannot find these public records.
We cannot find out when this Office was first opened.
We cannot find out all of the names of the persons who were so appointed, hired or the pay they received for service in this Public Office.
We cannot review the documents they held or the work product that they produced.
We cannot discover when or why this Public Office was closed.
It is clear from the facts we have learned that part of the duty of any County Surveyor would be to maintain the monumented Township Grid, the monumented Section Grid within each Township, and the locations of the borders of the County at large - at very least.
It would make since to have this office confirm deeds before they are recorded into the public record, and assessed for Tax to confirm that the land “fits” into the Grid correctly and comply to State law in collection of those Taxes.
Again, its that process known as “Checks and Balances”.
We cannot know for sure what was or was not done because there are no public records of that office in this County of Government Townships established as “public lands” and granted Statehood under the condition that it would maintain the Original survey monuments known as the TRS Grid.
The Office of the Walton County Tax Assessor
Currently when a property is bought or sold the “Deed”, as it is presented is recorded, the name on the tax role is adjusted, and the property is plotted on the tax map based solely on the presented Deed.
There is no confirmation that the property as described in the “Deed” fits into the TRS Grid, that it does not overlap someone else’s property, or if it is to short. Either one can leave “lost” or “unknown” areas also referred to as a hiatus.
We assert that in a Government Township, with a County Surveyor in place, there would be no “Lost” or “Unknown” lands and the locations of the original Section lines would be well known.
But, in the Walton County records today there are numerous Quit Claim Deeds that state the name of the person who is “Quitting a Claim” and the name of the person who is picking up the “Claim” and both are the same name.
So this is how a hiatus is resolved.
So in fact it appears that this is how Walton County has dealt with “discrepancy”. In fact and in practice it is possible for anyone today who finds a Deed shortage or overage (a hiatus) to record a Quit Claim Deed into the public record and give the land within the hiatus to himself or herself. There are numerous examples of this practice in the public record of Walton County. Another common practice is to resolve any boundary dispute in this way, by splitting the hiatus in half. This is the active destruction of the TRS Grid and a violation of law.
Because there is no County Surveyor to certify that this solution maintains the integrity of the TRS Grid as required Law.
While we on the subject of Taxes, the Walton County Office of the Tax Collector could be a good way to back tract land ownership, finding the names of persons who purchased land via tax deeds and filling holes in the public record by documenting who paid the taxes.
There is just one problem this Public Office destroys all of it’s records each year as they turn twenty years old. In this way this Public Office as no Historic data what so ever and as of this writing no data past 1994.
The Office of the Clerk of Walton County
We have mentioned the fires, so that explains why some documents are “gone”.
We have mentioned the County Surveyors Office; But there is no “acceptable” explanation of why it’s records are “gone”.
And now add these facts to this equation:
We requested to read several Walton County Court Cases - all properly noted in the Docket Books and related to Land Boundary issues and assigned a case number. We were told that, “Those Cases were checked out and not returned so we do not have copies of them for the public to read any more”.
The Clerk did not even know who checked the files out or when.
More missing public records, related to the TRS Grid.
Does any of this sound arbitrary to you, or does it fit a pattern of intuitional mismanagement… or is it just us?
We suggest that this is not in the best interest of the public. The Public wants to trust it’s government. It does not want it’s assets to be mismanaged.
We want it to be well managed because it benefits all of us, our children, our State, and our Nation in doing so.
There seems to be a major break down in the chronological order of recorded documents.
In addition, there seems to be some method whereby a recorded document can “move around” in the record or even “disappear” from the record altogether yet still be held in the Public Records files.
It is an oxymoron and it lives in notlaW County.
As there are several examples we will just pick one for now called “the Dup” and it is just that. But a larger issue here is this… A title search is a fundamental element of proof of ownership, lending intuitions rely on title companies to “prove” ownership before granting any form of financing. These official un-recorded documents cloud this process and introduce “great risk” into this process. Thus lending intuitions increase rates because the risk of error is greater. Or refuse to lend altogether.
nWe believe we have proven each and every Allegation [screen # 477 thru 493]
nIf you agree sign our petition asking the President of the United States to please read Walter’s Story.
nIf you disagree use the email address and tell us why.
nWe assert that this has adversely effected the development and growth of Walton County in the past and the present.
nWe believe that this will continue to adversely effect the citizens and businesses, and quell the interest of investors in the future development and growth of Walton County.
nWe know that we are not the first family or business who has been effected in the present or in the past.
nWe know that it is our responsibility to try to be the last American family effected in this way because we have lived it.
nWe know that this is a real danger to the public and that Consumer Protection should be required because of the “Full Disclosure” laws in Florida or it should be “fixed”.
nWe know that there are logical remedies to these issues that will benefit all sectors of our Nation; like living without unnecessary boundary conflicts, and we assert that will be the result when the State and the County submit to the Law.
We know we need your help.
A Point: When we contracted for and then paid for the land we are being assessed for today we did so in “Good Faith” and did not know any of this. We were not warned. We were told by a Licensed Florida Surveyor where the Section line was located and where our property was located in relation to that Section Line. Guided by the fences already in place and the deed descriptions we were provided, we where encouraged by the Walton County Tax Assessors Office and the “Official Tax Map” to believe this conspiracy of negligence. We were lead to believe in this elaborate allusion of security and financial stability each time we paid our taxes to and in support of the Government that was its self breaking the law.
What else could we have done to protect ourselves?
When it all was and is a big lie sanctioned by the State.
When we were restrained we did not break the law that was unjustly imposed upon us, we complied. It was painful to endure but the law must be obeyed.
Some people have asked; Will the re-establishment of the original Grid cause more chaos in the Township than leaving things as they are?
-No, the opposite should happen. It is always better to comply to the law. It is always correct to comply to the Law.
What happens if my land does not “Fit” as you say, into the original TRS Grid the way it’s supposed to, what happens then, do I “Lose Land”? Will some people “Gain Land”?
-No. your property, as with all properties, should remain as they are today. What will be different is this: a new legal description will be required; this “survey” and legal description” should describe the land as it sits in relation to the original grid that is protected by Congressional legislation and Florida Law.
If, for example, the land at issue was purchased in “good faith” with a description that said that it was located in one section but it is now found to be in another section, the new description will so state its actual location and it will be “tied” or linked to the proper section corners “this is a Boundary Survey”. If the land at issue was once all in, or completely inside one section but now it is bisected by a section line where some of the property is in one section and some in the other the new description will so state and it will be tied to or linked to the proper section corners. No mater the circumstance the resulting new survey and legal description will be a boundary survey. In our view the County should have to provide it to each land owner effected.
So what is the advantage of this for me; why should I even want to support this?
-Because your property will be accurately described to the original TRS Grid. This means that what has happened to us can never happen to you, or to anyone who inherits your property, or anyone you sell your property to “As intended by Congress”.
Therefore the first thing you get is peace of mind and second; your property values will go up because more people will want to purchase it because they can not end up like Walter.
Realize the Opportunity
Clearly it has long been known that there are survey problems in Walton County; it’s no secret to owners and investors who are here now. But they are reluctant to invest in more real estate here because of the potential of ending up like Walter, or Walton County, when it purchased land it already owned [with public money].
The point is, when the TRS Grid is reestablished this road block or fear will be removed because all properties will be tied to the proper grid, and property values should go up because the safety and stability factors have returned. This is true because throughout human history the accurate location of land boundaries is closely tied to the progress of civilization in general. In most cases, when land ownership or boundaries have been in dispute, progress in that area is greatly stifled; “Like Walton County now”. It’s logical that there is little desire to develop or invest in areas where land ownership is in the constant flux and expense of dispute. Land boundaries play a vital role in the personal lives of the individuals and the institutions involved and invested in them. Stable boundaries are necessary to delineate the extent of investment and the endurance of the estates so established in the land and the improvements anchored to them. As well as the resulting obligations and opportunities inherent in land ownership such as community pride, and social development. Stable land boundaries are also essential to the continued maintenance of peace between nations, communities, and individuals.
In addition the financial institutions that control the capital to underwrite the growth and development of any area are less inclined to participate in any venture where land boundaries are in question. These institutions reflect this “risk” in the form of high interest rates. Analyses shows that capital flows to areas that have stable land boundaries and that it is slowed or is even withheld from areas that are deemed un-stable due to consistent boundary disputes.
All of this is good reason to help stop this but there is one more and that is this; Obeying the law is always the correct choice.
When this started we knew nothing about the Federal TRS Grid and how the location of the section line and the section corners of the Township controlled the location of the property within it; especially the property we agreed to purchase in “good faith”.
We did not know that the location of the “locally accepted Section Line” in our case was based on nothing more than an “assumption” by the County Government. The same County Government that was required by law to “Know it’s original location so that it could lawfully assess and collect property taxes”. Or that this “locally accepted monument” was in conflict with the ACC Grid and it’s Placed Reference Monuments and that both of these are in conflict with the Baskerville Donovan Survey, and that all three of these are in conflict with the Official Federal records of the TRS Grid of the Township 1 South 19 West which is currently “lost”. Therefore all are wrong by federal Law, all are inaccurate as is shown by the United States Geological Survey which reflects the intent of Acts of Congress.
We did not know that we would discover that the road that was constructed with public bond money would end up in the private hands of the developer Mr. Jay Odom and not the public, which is also required by law in exchange for the use of the money, and we assert that this is the actual crime of unjust enrichment at public expense.
We did not know that Walton County had been so derelict in its responsibility to maintain its Federally established internal infrastructure i.e. the TRS grid of Townships, Section corners, and even its own public record. We did not know that Walton County would allow us or anyone else to file a quit claim deed to ourselves to acquire a title to land un-confirmed by a County Surveyor. Or that the evidence would show that this has become the “Institutional” method of resolution of boundary questions within this County as apposed to simply maintaining, and following the original TRS Grid as was the intent and requirement of the Acts Congress.
We did not know that 30 other states and thousands of other counties can have the same sort of history. How many other homeowners are out there who have suffered a similar tragedy and did not or could not put the pieces together as we have?
We suggest that if it had been us that had allowed such things to happen we would be judged arrogant, ignorant, and willful in our disregard for the Federal Law, for the State Law, and for Constitutional law.
The punishment for us would be public, swift, and severe.
But because it is a Government failure people tend to discount the impact to the victims, impose little or no penalty on the agency responsible, and in general, allow those who have benefited to walk away. “White Collar Crime”.
Maybe this is because collectively we know, but do not want to admit, that it is our own failure of participation in our government that is the actual fault. Take Pride In America, Protect Public Lands, get active in Your Government.
We did not know that we would be sued or that it would result in the Circuit Court restraining our family from our home, bankrupting our business, having our emotional, our physiological, and our daily lives turned inside out for the past eight years. Not to mention the expenditure of thousands of man hours in research and hundreds of thousands of dollars in fees and costs knowing that there is no Florida statutory provision for their return when we are successful. This should be changed as well.
We did not know that the land we purchased in “Good Faith” and have worked so hard to build our lives on was in the wrong place to start with; or that it would be would “moved” in the wrong direction and be “arbitrarily” placed under or on top of someone else's home and land.
We did not know or understand how this situation would effect our neighbors and the Mortgage Company, and the Banks who in “good faith” finance the purchase of our land, helped us establish and build a business, and provide jobs in our community.
Do not invest in land in Walton County Florida or any other part of Florida until the Federal TRS Grid is authenticated and restored in accord with Florida Law 177.502 and Federal Law. Always get a boundary survey that “ties” your land to the original TRS Grid corners.
The process we have examined to this point, revels that in fact and by action the United States (as an entity) is not only the ultimate Governmental authority in the Nation but a Land Developer as well by Nation Policy {PLSS}, and that from 1821 to 1845 (24 years) the United States (as an entity) was in actual control. This is a very large responsibility for the United States Government; we assert that in this duel role of Ultimate Law Maker and Land Developer the U.S. must insure that any subsequent management (like a sub licensenced government) of the “Territorial Development” it created and sold into the hands of the public for 24 years in “good faith” to pay down the National Debt is placed on notice by clear and unambiguous written language and enforceable Law that it must follow the original survey that “created” it {the development} and “created” every individual parcels sold or un sold within the development. This protects the “New Management” and the persons or entities who in “good faith” had purchased land within the development already as well as those who would purchase in the future. We also assert that this clear and unambiguous written “notice” should insure that the “New Management” must maintain the monumented TRS Grid as established by the original recorded survey.
The right to purchase private property was the catalyst to the idealization of the American Dream to purchase land, build your home, the Land it sits on and all of the Rights and responsibilities attached or appurtenant to it, as defined by Law.
Most people become familiar with land rights only when they acquire real estate either by inheritance or through the process of a purchase contract, they never learn the difference between the “dirt” and the “property” that is appurtenant to that land or “dirt”. Like rights to improve, use of, and the ability to pass it to the next generation as well as the management responsibilities and obligations that are a part of or appurtenant to “dirt” ownership.
Yes, in the Law they are separate things. Accordingly, their familiarity with land law or “dirt law” remains virtually non-existent; as they only become accustomed to State statutory regulations relative to the property appurtenant to the dirt they own. That is to say: State / County property taxing, zoning, building codes, etc. which are separate from the dirt but are based on the ownership of the dirt.
A good example is the dirt that is Florida is separate from the “Government” that is Florida. They are two separate things. The Government that is Florida is there for management of the Florida dirt; but the Florida Government has the responsibility to follow the Law that created it. The United States Federal Government and particularly the Acts of Congress.
We want to be clear that we are not trying to teach the Law, we are attempting to understand and debate the Law. At the same time we are attempting to explain how and why this happened to Walter and his family and point out some practical steps that you can use to attempt to avoid this from happening to you. We are not Attorneys we do this only within the context of our 1st Amendment rights.
Before we go further, we must examine a basic concept and role that Government and the Law share in human history and that is at the core of why societies naturally form laws and governments in the first place.
Although there are many such concepts that can be named one is certainly safety. This word can take on many forms, like security. Security is defined by BLD on pg. 1215 as “not exposed to danger; safe” and on the same page it defines secure as “not exposed to danger; safe; so strong, so stable or firm as to insure safety and financial security”.
As we examine the role and the actions of Congress , the Federal Government, the Supreme Court, the Legislature of the State of Florida and Walton County in these events; keep in mind that we assert that this is exactly what they were and are attempting to provide to you and all present persons and entities; and even all future persons and entities in the 30 “Public Land States”. [Definition of Public Land State: Any State that is not one of the original thirteen colonies, “Where a federal survey monumented a Township Range System Grid (or TRS Grid) into the earth, to establish boundaries, locate, define, describe land, to sell that land to the public, and to establish Counties, and States) like Walton County and the State of Florida.
We assert that the goal or intent of this Nations effort, was and is to make it safe and secure to purchase land or invest in real estate located in the United States for any person or entity on the planet
We have rights, and privileges, that are secured by Law.
To enjoy those and to enforce them we are required to fulfill our responsibly to the Government as required by Law.
Just as the Government must fulfill its responsibly to each of us as required by Law.
An Example: On Monday the second day of December of 1845 the 28th Congress of the United States of America granted the application of Florida's Government, the status of Statehood under the express condition that it shall never interfere with the primary disposal of the “Public Lands” within it.
A unique aspect of the American system of government and American Law is that, while the rest of the world views the United States as one country with one law, domestically American constitutional law recognizes a federation of state governments separate from (and not subdivisions of) the federal government, each of which is sovereign over its own affairs. Sometimes, the Supreme Court has even analogized the States to being foreign countries to each other to explain the American system of State sovereignty. However, each state's sovereignty is limited by the U.S. Constitution, which is the supreme law of both the United States as a nation and each State; in the event of a conflict, a valid federal law controls. (This is a critical concept.)
Today, only a properly convened (to cause to come together under specific conditions: WD pg. 310) Federal Court of Law can determine exactly what the Federal Law is, or what the Federal Law says or means, in any given circumstance, within any given jurisdiction, at any given time.
As, only a properly convened State Court of Law can determine exactly what the State Law is or what the State Law says or what the State Law means, in any given circumstance, in any given State, at any given time, within any given jurisdiction. A couple of observations about the Law and the physical world we all share. The Law is always growing and changing, just like our bodies each day, over time. Some parts of the law form the bones and change very little and other parts of the law are like our skin and can change as conditions require. Like getting a tan.
The written Law has been completely created by humans, and despite the fact that they are, and have been created by dedicated and thoughtful humans… as with all things made by humans, the Law is not perfect.
Our Legal system is a human construct and can only be made better and more effective by dedicated and thoughtful humans… like you, who are willing to make the effort to improve it for the benefit of all.
The Constitution of the United States is our nations “root” law. It asserts that it was written for the people by the people, so we have granted ourselves, along with other very important rights, the freedom of speech. We are therefore able to publicly speculate (the act of thinking and talking about the various aspects of a given subject; to meditate on it; to ponder it and profess it) [from Webster's Dictionary pg. 1368]. This includes the meaning of the written Law and to examine how the authority and integrity of the Law, which effects us all, is applied by our Government.
This then is the open forum of the Court of Public Opinion, and the true power of Democracy.
By publishing this true story we are convening the Court of Public Opinion and inviting everyone to examine the facts. We firmly assert that the implications of this case are very important and will merit the time and consideration of the issues
The core issues: Consumer protection in real estate, Government accountability, and Enforcement of the legislated Law.
Walter is not stupid, he and his family paid for the advise of Attorneys, they paid for surveys that show the Township Range Section Line, c they paid for a formal chain of title, c they paid for an appraisal, c they purchased title insurance, c they paid the application fees and got a mortgage, they paid the doc Stamps c and had it recorded, c They had a fence, c and a garden. c They liked it so much they built a successful Custom Stained and Beveled Glass business right there on the property so they could walk to work, c They paid all of their Taxes, c They even paid for some more land right next to them, c they paid all of their bills, c including their mortgage once a month, on time c for more than twelve years.
Then on Aug. 3rd, 2005 they were sued by Mr. Jay Odom c by and thru his Attorney George Ralph Miller [who was also the Walton County Attorney] and just fourteen and a half business hours later c on Aug. 5th of 2005. Walter and his family were restrained from some of their land, by verbal order of a, …no…by “the” Walton County Judge.
Afterward they went straight home, and discovered that the front door was not locked! They walked through the front office and opened the living room door. c LP Gas, c Propane!!… the smell is…un mistakable and thick. c One “eye” on the stove is lit with flame the three others are fully open with no flame…. Someone was actually trying to blow their home up and burn down what ever was left!...
A Sheriff’s report is filed.
So they instantly became indigent and homeless and were forced to close their business and file bankruptcy.
Sure they fought back but four years later after spending hundreds of thousands of dollars on more Attorneys, more research, and more surveys of this federal Township Section Grid thing, … the “ Federal Section Line” is “moved” by the judge, 164 feet north in 2009. So…Their land was “moved” with the Federal Section Line because they purchased a Security known as United States Land “Patent”. Well they live in a “federal government Township” in a “Public Land State”. Just like everyone in Florida does. [Most people do not know this even though it is true] and there are 29 more Public Lands States.
As a direct result of this “movement” or re-location, Right Now… today… their land “sits” on top of three of their neighbors lands and homes. Walter and family are now forced to sue these neighbors for ejectment from their land because Walter is not allowed to have encroachments inside his land, if he does he can not get homeowners insurance, he can not develop, and he can not sell… because he does not have clear title; but he has a government Patent which is defined by law as supreme title… But who would want to buy into this mess anyway?
As if this were not enough Walter is currently assessed and has to pay more Property Taxes on the “Improvements” inside his “lands new location and its new content” [like the neighbors homes and other items] but he has no ownership of these “improvements” or that land nor does he claim to but this judgment says… that he does.
ALL of this while… the neighbors are being assessed Property Taxes as if nothing has changed. So… Both Walter and his neighbors are paying taxes on the same land and the same improvements!!
On the other hand if this court order is correct is it not an official recognition that the County had failed to maintain the original Federal Section Line location and that the Section Line was in the wrong place when Walter purchased it “in Good Faith” back in 1991? Does this mean that the County / State has assessed and collected property Taxes from Walter for twelve years in violation of State law?
So the “Real” issue arises; Where is the original Federal Section Line actually located? How does Walter find it, how does Walter prove it, and who was supposed to keep up with it in the first place?
All of this happened because no one, not even the judge, is exactly sure, where the land Walter purchased is… because no one is exactly sure where this Federal Township Range Section Grid is located.
How that can happen is what this tour is about. However, here is a short Example Case from The Walton County Records. [Read paragraph 4 on page one (1) and paragraph D on page three (3). Yes; this is actually part of the Order of the Court at the end of an expensive trial. The Order of the Court in Warren v. Collins 1981
This stands as proof that TRS Grid has not been maintained by the County or the State as required by Law, after the Federal Government set it up… and that Walter is not the first victim in Walton County, there are many. And that if this can happen to them… it can happen to you. If you buy land in Florida.
Hey… Don’t throw things at or taunt Walter for his “good faith” real estate purchase. All he wanted was to trust his Government to do it’s job, so he could build a business, pay employees, support his family, own some land and enjoy life, liberty, and the pursuit of happiness like United States Congress intended.
Florida Law
It seems well settled in Florida Law, that the first or original monumented survey of any land, inclusive of error, rules over subsequent surveys; and the language there clearly states that subsequent surveyors must follow the original footsteps of the original surveyor, if some of or all of the land that was originally surveyed has been sold and the original survey was relied upon in the subsequent transaction(s) in good faith.
It also seems well settled in Florida law that U.S. Government Section corners established by the TRS Grid do not and can not be moved, that they are where they are inclusive of any error and no other agency or government has the authority to relocate them. But what happens if you can not find them, of if the government has ignored them, lost them, or even by it own actions destroyed them?
In Florida, it seems well settled that the actual possession of land, whether adverse, or by acquiescence, is settled in favor of the possessor provided that the possessor has had the land in question under substantial fence for more than seven years, and paid taxes on the land.
But the State is require to locate and assess this land by the TRS Grid, it is required to exercise “great care” in doing so. But this is not possible if the “root” or source of all title is dismantled by the government.
But only a Florida court can say what the law is in Florida or what it means in a particular case.
But even that Court must follow the rules. After all the United States is a nation of laws
As Citizens of the United States
We have rights, also referred to as privileges, that are secured by Law.
A very basic right is that citizens can and must rely on the Government to fulfill its responsibly to each of us as required by law, just we are required to fulfill our responsibly to the Government as required by law.
Thus is it always better to comply to the law. It is always correct to comply to the law. The only way to correct this situation is to comply to the law.
Walton Counties Management
We learned :
- that Walton County was formed in 1824 on Dec 29th; 21 years before Florida became a State.
- that Alaqua was the location of the first Walton County Courthouse
- that in 1830 The Courthouse at Alaqua Burned
- that the Courthouse was moved to Eucheeanna in 1831 and in 1885 it burned
and that in 1886 the Courthouse was opened at DeFuniak Springs, where it stands today.
Since 2005, when this began Walton County, by it’s own published budgets, has spent more than 20 million dollars of public money advertising Walton County. Asking people to come here, visit, buy land, build homes and business, hire and pay employees… invest in the future growth of Walton County. But it knows that these people could end up like Walter. Because it happened to them when they purchased land at the southern base of the Clyde Wells Bridge. After closing and paying in full they discovered that Mr. George Ralph Miller [County Attorney and Mr. Jay Odom’s Attorney] had participated in selling them land that they already owned. How does this happen in a government township?
Answer: By not maintaining the TRS Grid as required by law. By not having a County Surveyor and by participating in the destruction of the TRS Grid. There is also this: Walton County has spent millions of dollars to prosecute and incarcerate “criminals” [people and institutions that break the law] yet it is actively breaking the law and so is the State of Florida
The Office of the Walton County Surveyor
The public record is clear that there was an Office so titled. Yet today, the Clerk of Walton County cannot find these public records.
We cannot find out when this Office was first opened.
We cannot find out all of the names of the persons who were so appointed, hired or the pay they received for service in this Public Office.
We cannot review the documents they held or the work product that they produced.
We cannot discover when or why this Public Office was closed.
It is clear from the facts we have learned that part of the duty of any County Surveyor would be to maintain the monumented Township Grid, the monumented Section Grid within each Township, and the locations of the borders of the County at large - at very least.
It would make since to have this office confirm deeds before they are recorded into the public record, and assessed for Tax to confirm that the land “fits” into the Grid correctly and comply to State law in collection of those Taxes.
Again, its that process known as “Checks and Balances”.
We cannot know for sure what was or was not done because there are no public records of that office in this County of Government Townships established as “public lands” and granted Statehood under the condition that it would maintain the Original survey monuments known as the TRS Grid.
The Office of the Walton County Tax Assessor
Currently when a property is bought or sold the “Deed”, as it is presented is recorded, the name on the tax role is adjusted, and the property is plotted on the tax map based solely on the presented Deed.
There is no confirmation that the property as described in the “Deed” fits into the TRS Grid, that it does not overlap someone else’s property, or if it is to short. Either one can leave “lost” or “unknown” areas also referred to as a hiatus.
We assert that in a Government Township, with a County Surveyor in place, there would be no “Lost” or “Unknown” lands and the locations of the original Section lines would be well known.
But, in the Walton County records today there are numerous Quit Claim Deeds that state the name of the person who is “Quitting a Claim” and the name of the person who is picking up the “Claim” and both are the same name.
So this is how a hiatus is resolved.
So in fact it appears that this is how Walton County has dealt with “discrepancy”. In fact and in practice it is possible for anyone today who finds a Deed shortage or overage (a hiatus) to record a Quit Claim Deed into the public record and give the land within the hiatus to himself or herself. There are numerous examples of this practice in the public record of Walton County. Another common practice is to resolve any boundary dispute in this way, by splitting the hiatus in half. This is the active destruction of the TRS Grid and a violation of law.
Because there is no County Surveyor to certify that this solution maintains the integrity of the TRS Grid as required Law.
While we on the subject of Taxes, the Walton County Office of the Tax Collector could be a good way to back tract land ownership, finding the names of persons who purchased land via tax deeds and filling holes in the public record by documenting who paid the taxes.
There is just one problem this Public Office destroys all of it’s records each year as they turn twenty years old. In this way this Public Office as no Historic data what so ever and as of this writing no data past 1994.
The Office of the Clerk of Walton County
We have mentioned the fires, so that explains why some documents are “gone”.
We have mentioned the County Surveyors Office; But there is no “acceptable” explanation of why it’s records are “gone”.
And now add these facts to this equation:
We requested to read several Walton County Court Cases - all properly noted in the Docket Books and related to Land Boundary issues and assigned a case number. We were told that, “Those Cases were checked out and not returned so we do not have copies of them for the public to read any more”.
The Clerk did not even know who checked the files out or when.
More missing public records, related to the TRS Grid.
Does any of this sound arbitrary to you, or does it fit a pattern of intuitional mismanagement… or is it just us?
We suggest that this is not in the best interest of the public. The Public wants to trust it’s government. It does not want it’s assets to be mismanaged.
We want it to be well managed because it benefits all of us, our children, our State, and our Nation in doing so.
There seems to be a major break down in the chronological order of recorded documents.
In addition, there seems to be some method whereby a recorded document can “move around” in the record or even “disappear” from the record altogether yet still be held in the Public Records files.
It is an oxymoron and it lives in notlaW County.
As there are several examples we will just pick one for now called “the Dup” and it is just that. But a larger issue here is this… A title search is a fundamental element of proof of ownership, lending intuitions rely on title companies to “prove” ownership before granting any form of financing. These official un-recorded documents cloud this process and introduce “great risk” into this process. Thus lending intuitions increase rates because the risk of error is greater. Or refuse to lend altogether.
nWe believe we have proven each and every Allegation [screen # 477 thru 493]
nIf you agree sign our petition asking the President of the United States to please read Walter’s Story.
nIf you disagree use the email address and tell us why.
nWe assert that this has adversely effected the development and growth of Walton County in the past and the present.
nWe believe that this will continue to adversely effect the citizens and businesses, and quell the interest of investors in the future development and growth of Walton County.
nWe know that we are not the first family or business who has been effected in the present or in the past.
nWe know that it is our responsibility to try to be the last American family effected in this way because we have lived it.
nWe know that this is a real danger to the public and that Consumer Protection should be required because of the “Full Disclosure” laws in Florida or it should be “fixed”.
nWe know that there are logical remedies to these issues that will benefit all sectors of our Nation; like living without unnecessary boundary conflicts, and we assert that will be the result when the State and the County submit to the Law.
We know we need your help.
A Point: When we contracted for and then paid for the land we are being assessed for today we did so in “Good Faith” and did not know any of this. We were not warned. We were told by a Licensed Florida Surveyor where the Section line was located and where our property was located in relation to that Section Line. Guided by the fences already in place and the deed descriptions we were provided, we where encouraged by the Walton County Tax Assessors Office and the “Official Tax Map” to believe this conspiracy of negligence. We were lead to believe in this elaborate allusion of security and financial stability each time we paid our taxes to and in support of the Government that was its self breaking the law.
What else could we have done to protect ourselves?
When it all was and is a big lie sanctioned by the State.
When we were restrained we did not break the law that was unjustly imposed upon us, we complied. It was painful to endure but the law must be obeyed.
Some people have asked; Will the re-establishment of the original Grid cause more chaos in the Township than leaving things as they are?
-No, the opposite should happen. It is always better to comply to the law. It is always correct to comply to the Law.
What happens if my land does not “Fit” as you say, into the original TRS Grid the way it’s supposed to, what happens then, do I “Lose Land”? Will some people “Gain Land”?
-No. your property, as with all properties, should remain as they are today. What will be different is this: a new legal description will be required; this “survey” and legal description” should describe the land as it sits in relation to the original grid that is protected by Congressional legislation and Florida Law.
If, for example, the land at issue was purchased in “good faith” with a description that said that it was located in one section but it is now found to be in another section, the new description will so state its actual location and it will be “tied” or linked to the proper section corners “this is a Boundary Survey”. If the land at issue was once all in, or completely inside one section but now it is bisected by a section line where some of the property is in one section and some in the other the new description will so state and it will be tied to or linked to the proper section corners. No mater the circumstance the resulting new survey and legal description will be a boundary survey. In our view the County should have to provide it to each land owner effected.
So what is the advantage of this for me; why should I even want to support this?
-Because your property will be accurately described to the original TRS Grid. This means that what has happened to us can never happen to you, or to anyone who inherits your property, or anyone you sell your property to “As intended by Congress”.
Therefore the first thing you get is peace of mind and second; your property values will go up because more people will want to purchase it because they can not end up like Walter.
Realize the Opportunity
Clearly it has long been known that there are survey problems in Walton County; it’s no secret to owners and investors who are here now. But they are reluctant to invest in more real estate here because of the potential of ending up like Walter, or Walton County, when it purchased land it already owned [with public money].
The point is, when the TRS Grid is reestablished this road block or fear will be removed because all properties will be tied to the proper grid, and property values should go up because the safety and stability factors have returned. This is true because throughout human history the accurate location of land boundaries is closely tied to the progress of civilization in general. In most cases, when land ownership or boundaries have been in dispute, progress in that area is greatly stifled; “Like Walton County now”. It’s logical that there is little desire to develop or invest in areas where land ownership is in the constant flux and expense of dispute. Land boundaries play a vital role in the personal lives of the individuals and the institutions involved and invested in them. Stable boundaries are necessary to delineate the extent of investment and the endurance of the estates so established in the land and the improvements anchored to them. As well as the resulting obligations and opportunities inherent in land ownership such as community pride, and social development. Stable land boundaries are also essential to the continued maintenance of peace between nations, communities, and individuals.
In addition the financial institutions that control the capital to underwrite the growth and development of any area are less inclined to participate in any venture where land boundaries are in question. These institutions reflect this “risk” in the form of high interest rates. Analyses shows that capital flows to areas that have stable land boundaries and that it is slowed or is even withheld from areas that are deemed un-stable due to consistent boundary disputes.
All of this is good reason to help stop this but there is one more and that is this; Obeying the law is always the correct choice.
When this started we knew nothing about the Federal TRS Grid and how the location of the section line and the section corners of the Township controlled the location of the property within it; especially the property we agreed to purchase in “good faith”.
We did not know that the location of the “locally accepted Section Line” in our case was based on nothing more than an “assumption” by the County Government. The same County Government that was required by law to “Know it’s original location so that it could lawfully assess and collect property taxes”. Or that this “locally accepted monument” was in conflict with the ACC Grid and it’s Placed Reference Monuments and that both of these are in conflict with the Baskerville Donovan Survey, and that all three of these are in conflict with the Official Federal records of the TRS Grid of the Township 1 South 19 West which is currently “lost”. Therefore all are wrong by federal Law, all are inaccurate as is shown by the United States Geological Survey which reflects the intent of Acts of Congress.
We did not know that we would discover that the road that was constructed with public bond money would end up in the private hands of the developer Mr. Jay Odom and not the public, which is also required by law in exchange for the use of the money, and we assert that this is the actual crime of unjust enrichment at public expense.
We did not know that Walton County had been so derelict in its responsibility to maintain its Federally established internal infrastructure i.e. the TRS grid of Townships, Section corners, and even its own public record. We did not know that Walton County would allow us or anyone else to file a quit claim deed to ourselves to acquire a title to land un-confirmed by a County Surveyor. Or that the evidence would show that this has become the “Institutional” method of resolution of boundary questions within this County as apposed to simply maintaining, and following the original TRS Grid as was the intent and requirement of the Acts Congress.
We did not know that 30 other states and thousands of other counties can have the same sort of history. How many other homeowners are out there who have suffered a similar tragedy and did not or could not put the pieces together as we have?
We suggest that if it had been us that had allowed such things to happen we would be judged arrogant, ignorant, and willful in our disregard for the Federal Law, for the State Law, and for Constitutional law.
The punishment for us would be public, swift, and severe.
But because it is a Government failure people tend to discount the impact to the victims, impose little or no penalty on the agency responsible, and in general, allow those who have benefited to walk away. “White Collar Crime”.
Maybe this is because collectively we know, but do not want to admit, that it is our own failure of participation in our government that is the actual fault. Take Pride In America, Protect Public Lands, get active in Your Government.
We did not know that we would be sued or that it would result in the Circuit Court restraining our family from our home, bankrupting our business, having our emotional, our physiological, and our daily lives turned inside out for the past eight years. Not to mention the expenditure of thousands of man hours in research and hundreds of thousands of dollars in fees and costs knowing that there is no Florida statutory provision for their return when we are successful. This should be changed as well.
We did not know that the land we purchased in “Good Faith” and have worked so hard to build our lives on was in the wrong place to start with; or that it would be would “moved” in the wrong direction and be “arbitrarily” placed under or on top of someone else's home and land.
We did not know or understand how this situation would effect our neighbors and the Mortgage Company, and the Banks who in “good faith” finance the purchase of our land, helped us establish and build a business, and provide jobs in our community.
Do not invest in land in Walton County Florida or any other part of Florida until the Federal TRS Grid is authenticated and restored in accord with Florida Law 177.502 and Federal Law. Always get a boundary survey that “ties” your land to the original TRS Grid corners.
The process we have examined to this point, revels that in fact and by action the United States (as an entity) is not only the ultimate Governmental authority in the Nation but a Land Developer as well by Nation Policy {PLSS}, and that from 1821 to 1845 (24 years) the United States (as an entity) was in actual control. This is a very large responsibility for the United States Government; we assert that in this duel role of Ultimate Law Maker and Land Developer the U.S. must insure that any subsequent management (like a sub licensenced government) of the “Territorial Development” it created and sold into the hands of the public for 24 years in “good faith” to pay down the National Debt is placed on notice by clear and unambiguous written language and enforceable Law that it must follow the original survey that “created” it {the development} and “created” every individual parcels sold or un sold within the development. This protects the “New Management” and the persons or entities who in “good faith” had purchased land within the development already as well as those who would purchase in the future. We also assert that this clear and unambiguous written “notice” should insure that the “New Management” must maintain the monumented TRS Grid as established by the original recorded survey.