Writer says property appraisals had numerous false entries
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To the Editor:

Were you assessed $1,000 for a nonexistent woodstove in your home or camp?

Were you assessed $3,000 for a nonexistent water supply on your property lot?

Were you assessed $6,000 for a noexistent sewer system on your property lot?

Were you assessed for any other item that is nonexistent or inflated in value?

If any of the above apply to you please contact the Searsburg Selectboard and ask for a copy of the contract signed by them with Mr. Spencer Potter, a private contractor doing the assessments.

We can prove that nonexistent and false entries have been made on the assessment sheets, which constitutes fraud against the Town of Searsburg taxpayers by forcing them to pay higher taxes.

Richard Day

St. Albans
Comments
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Hop
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July 08, 2009
The legalities of both Act 60 and 68 are not the focal point of this gentleman's letter. That is a subject for another debate. What is center stage is the fact of the inaccuracies presented by Mr Potter's firm when doing his appraisal work. The blatant errors done by his so called professional firm are inexcusable.
Hop
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July 08, 2009
The legalities of Act 60 and Act 68 are a separate argument altogether. The present issue before us and the focal point of this particular letter was to make known the inaccuracies of the present Reappraisals done by Potter's firm.Two separate issues and each require their own method of attack.
anonymous
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July 08, 2009
the following paragraph should read "are NOT" a constitution form and/or methods of taxation according to article 9.

The current property tax, array of sales taxes, personal income and corporate income tax, fees and the lottery are a constitutional form and/or methods of taxation according to article 9.

sorry not a typist
Bill B.
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July 08, 2009
Qutoes from the Brigham decision:

"Declaratory judgemnt entered for the studen and school-district plaintiffs on their clarm that

C. Remaining Claim

In addition to educational equity, the property-owner and school-district plaintiffs have claimed a right to tax-rate equity; they assert that taxpayers from property-poor districts are compelled to pay higher tax rates, and therefore contribute disproportionate sums to fund education, in violation of Chapter I Article 9 of the Vermont Constitution. Without explanation, the trial court denied summary judgment on this point, thereby allowing the claim to proceed to trial.

Although the State appealed the ruling, it devoted such scant attention to the subject in its briefs (tow pagers our of sixty) that we would be forced "to undertake a search for error where it was not adequately briefed or supported by the arguments"

The Brigham decision was filed in 1997, the people of this state are still waiting for a constitutional form of taxation. We still had disproportional taxation with act 60 and still have it with act 68. The Constitution was never changed to declare a right to an education.

The current property tax, array of sales taxes, personal income and corporate income tax, fees and the lottery are a constitutional form and/or methods of taxation according to article 9.

the current educational funding system denies equal educations opportunities in violation of the Vermont Constitution; remanded so that jurisdiction may be retained until valid legislation is enacted and in effect, and for any further proceedings on plaintiffs' remaining claim, if necessary"

No right to any education but a right to be taxed according to the Constitution.

Crooked schemes by the majority in the legislature, republicans and democrats, who have focused payment of disproportioate larger share of taxes on the poorer of us.

Your education in Vermont boils down to learning that you have been scammed by your own government.

Dick Day
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July 07, 2009
As of today, 7/7/09, there should have been 1,000 views of this letter. The most critical question one should ask is, "What has given the VT Legislators the authority to institute any type of tax upon Vermont inhabitants in order to finance a public education system." The VT Constitution is very clear in the Declaration of Rights that there is no "right" to a public education. There also is no "right" to public healthcare. The taxing of Vermonter's property, because of the Brigham Decision, is one of the biggest frauds ever perpetuated on Vermonter's property rights. You cannot subvert the right to private property and create a scenario of property tax sales when the reason for such taxation is completely fraudulent. This will have to be addressed in the near future as the current system of taxation places Vermonters homes and businesses in jeopardy. One needs to understand the truth before being able to prepare for the future. Previous comments by Bill B. correctly identifies the problems and the court case Docket 96-627 shows that you cannot come up with a constitutional system of finance for a program in the State of VT when the "right" to the program doesn't exist.
Bill B.
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July 04, 2009
Town's across the state have been replacing the elected constitutional officers called Listers and illegally replacing them with contracted profession appraiser.

Still the entire state continues to be inaccuratly appraised.

The Brigham decision (1997)left it up to the legislature to come up with a constitutional means of financing education. Our Constitution has not be change since Brigham to reflect a constitutional change.

The Supreme Court in docket 96-627 (1998)affirmed that appraisals are inaccurate causing disproportional taxation in violation of Aritcle 9 of the Vermont Constitution. The Court also affirmed that we are not taxed according to wealth.

Vermont is only constitutionally authorized one method of taxation and that is as stated in Article 9 of the Vermont Constitution. Every member of society contributing their proportional taxation according to wealth. Article 9 also limits use of tax money to the protection of our rights to the enjoyment of life, liberty and property.

Legislative powers (Vt. Const. section 6)restrict the legislature and governor to making law that will "add to, alter, abolish, or infringe any part of this Constitution."

The personal and corporate income tax, the wide array of different sales taxes, cigarette taxes used to punish us, alchol taxes, education tax municiple taxes and the current property tax that is nothing but a real estate tax as well as all other means of orchestrating the taking of our money such as the lottery and paying for documents we require form government including licenses and registrations are illegal taxes by law of the Vermont Constitution article 9.

We are being scamed by republicans and democrats who hold all majority power. They are in violation of their oaths--perjury, fraud and extorition for taking money from from us by illegal means and using our money for their own illegal purposes, example economic development.

As the republicans and democrats they are also guilty of racketeering for using the offices of government for their own autocratic agenda.

The only way we can be taxes is every member of society contributing their proportion according to their wealth for the protection of our rights to the enjoyment of our lives, liberty and property.

The original property tax of the late 1700's taxed the people in that manner. It is time for the people of this state to get the people who serve in the legislature and governors office back into compliance with the Vermont Constitution. They have proven by their acts they do not represent you and will use you and your money to achieve their own personal illegal goals.





Dick Day
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July 04, 2009
One of the questions that came out in the re-appraisals in Searsburg was whether we had to have a licensed appraisor doing this job. This is a question that was brought up with the Town Clerk in Searsburg and the State of VT as to who qualifies the person or firms doing the appraisals. The answer from the State of VT was that the Director of the Division of Property Valuations and Review, Mr. William E. Johnson, can through the rule-making process determine who is qualified. My understanding of the "firm" is Mr. Spencer Potter's firm "VT Municipal Assessor" which was the firm chosen by Mr. Johnson. We believe that a current appraisor's license authorized by the State of VT is needed in order to do the appraisals. We have questioned whether Mr. Spencer Potter has a current and valid appraisor's license. These questions need to be answered immediately. It is also notable that VT State Tax Commissioner, Mr. Tom Pelham, has recently been removed as Tax Commissioner and Gov. Douglas has appointed him to an administrative position within the State of VT.
Hop
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July 04, 2009
Seems funny how it was supposed to be an assessment of Fair Market Value but was instead calculated on Replacement Cost?
Searsburg Resident
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July 03, 2009
Mr. Potter has complaints all over the state regarding his guessing at property details.

I would say he should have visited all of the properties, under normal circumstance. But he did visit mine and STILL got it wrong, imagining things that weren't there, but showed value on the lister's cards.