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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
Posted by OweO
Plaquemine, La
Member since Sep 2009
114236 posts
Posted on 12/7/16 at 1:21 pm to
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 by TheFonz
Somewhere in Louisiana
Member since Jul 2016
20598 posts
Posted on 12/7/16 at 1:35 pm to
Read about the Hutt River Provence in Western Australia. Interesting micronation.
Posted by ItNeverRains
37069
Member since Oct 2007
25987 posts
Posted on 12/7/16 at 1:37 pm to
"Hello China, I've got something that you want. But it's gonna cost you. That's right, all the tea."
Posted by freeagent
Member since Oct 2014
910 posts
Posted on 12/7/16 at 1:49 pm to
That is a pretty interesting case.
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12129 posts
Posted on 12/7/16 at 1:51 pm to
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).
Posted by Spock's Eyebrow
Member since May 2012
12300 posts
Posted on 12/7/16 at 2:03 pm to
Yeah, but then you're just one step away from doing the Hammer dance. The. Hammer. Dance.
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