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re: Can I secede my property and create my own country?
Posted on 12/7/16 at 1:21 pm to poops_at_parties
Posted on 12/7/16 at 1:21 pm to poops_at_parties
quote:
I don't want to do this, just wondering if the right exists. Any OTtorney here want to lend their opinion?
People are making good points. You can, but you have to be willing to face the consequences. If you declare your property, I could get a few people and convince them that if we all claim our property is the same country, when could then come take over your nation. Offer you a deal. You can either become part of our nation and help us grow or remain your own nation and we will overtake it and make you our slave.
Posted on 12/7/16 at 1:35 pm to poops_at_parties
Read about the Hutt River Provence in Western Australia. Interesting micronation.
Posted on 12/7/16 at 1:37 pm to poops_at_parties
"Hello China, I've got something that you want. But it's gonna cost you. That's right, all the tea."
Posted on 12/7/16 at 1:49 pm to TheFonz
That is a pretty interesting case.
Posted on 12/7/16 at 1:51 pm to poops_at_parties
Hum... you might be able to form another state with your land; and your best bet to do that would be if you owned land in Louisiana. We have some of the strongest personal property rights in the nation - under Louisiana law you own a wedge of the earth going to the core (essentially). So the state has no claim on your property directly (unlike other states wherein the state owns certain elements of the land below ground - oil, precious metals, water rights). However, the state does possess the right to tax the production of your property... so maybe if you offered enough cash to get them to leave you alone then you might could pull it off.
Most state related property disputes are about which state owns or controls said property. I'm unaware of a US Supreme Court ruling concerning the formation of a new state from the property of another.
Now, as to forming your own nation. Suppose the US or your state didn't care enough to fight you (send in military/police), you'd still need to be recognized by a permanent member of the UN or a majority of UN members in order to be formally recognized as an independent nation. That's a pretty big hurdle.
That being said... the USSC still hasn't decided whether or not a state can secede. Jefferson Davis requested many times to be tried for his "crimes" but he never was. He wanted his day in court which would force the courts to decided the legality of secession. The Supreme Court at the time likely would've ruled in the South's favor - that's why Lincoln and Grant did everything in their power to avoid post-war trials (pardons and whatnot).
Most state related property disputes are about which state owns or controls said property. I'm unaware of a US Supreme Court ruling concerning the formation of a new state from the property of another.
Now, as to forming your own nation. Suppose the US or your state didn't care enough to fight you (send in military/police), you'd still need to be recognized by a permanent member of the UN or a majority of UN members in order to be formally recognized as an independent nation. That's a pretty big hurdle.
That being said... the USSC still hasn't decided whether or not a state can secede. Jefferson Davis requested many times to be tried for his "crimes" but he never was. He wanted his day in court which would force the courts to decided the legality of secession. The Supreme Court at the time likely would've ruled in the South's favor - that's why Lincoln and Grant did everything in their power to avoid post-war trials (pardons and whatnot).
Posted on 12/7/16 at 2:03 pm to Gleaux93
Yeah, but then you're just one step away from doing the Hammer dance. The. Hammer. Dance.
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