Notice of Protest, Objection and Reservation of Natural Rights

Sympathetic Vibratory Physics -It's a Musical Universe!

Ordering 866-604-3463 TOLL FREE, M-F, 8am-11am MST - Site Search - Free Catalog & email us

(The following Public Notice is Posted as a matter of Public Awareness.

Any who desire may use any portion or the entirety of this document if they find same useful.

Some of the reference materials are copyrighted by others. Dale Pond; March, 2000)

Notice of Protest,

Objection,

and

Reservation of Natural Rights.

Be It Known, That on this 30th day of March in the year of our Lord two thousand, I, Dale Pond, of the free people living in the County of El Paso, Colorado, do hereby Protest the presentment and enforcement of zoning ordinances onto and against any and all of my personal, private property (my rights are my personal and private property ) CUCC 4-9-106, wherever located, by the El Paso County Commissioners in their official and personal capacities.

I am refusing and rejecting for cause your presentment CUCC 4-3-501 of such zoning ordinances. The only reason for government to exist in America in accordance with the Declaration of Independence, Constitution and Bill of Rights, is to protect we the people's property which is to say their rights. Whenever any governmental agency or personnel violate this purpose, they are in violation of everything upon which America was founded. Only in a communist and fascist country is property, as rights, not respected and protected.

I hereby Object, to the presentment CUCC 4-3-501 of zoning restrictions upon my personal, private property (property includes rights) CUCC 4-9-106, lawful jurisdiction has not been established.

I hereby Post to Public Notice and to all concerned, my Natural Rights CUCC 4-9-106 are my personal and private property and not subject to Public, Official, passive (permissive) use or removal for any reason.

The imposition of zoning ordinances and restrictions against my personal, private property (my natural rights) CUCC 4-9-106 is to take that property in violation of the 5th Amendment to the federal Constitution to which the state of Colorado is a founding party and its municipal corporations and counties are in harmony CUCC 4-1-103: "nor shall any person ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation". To execute a taking under summary process without lawful due process of law and just compensation is tantamount to larceny - the taking into adverse possession that which is rightfully property, being our natural rights, CUCC 4-9-106 of another and is to act wholly outside the law as any outlaw or thief.

No lawful delegation of authority, CUCC 4-2-210, to relieve me of my personal, private property, being my rights, CUCC 4-9-106, has been presented.

No lawful documents of title CUCC 4-1-201(3)(11) I signed CUCC 4-3-308(a) transfering or conveying to you CUCC 4-3-203 any of my personal, private property, my rights, CUCC 4-9-106 making you holder or ward thereof have been presented.

The zoning presentments CUCC 4-3-501 are therefore without lawful founding and uncollectable CUCC 4-3-302(c) and are discharged, CUCC 4-3-601 without resort to a commercial tribunal.

The United States is a corporation, the State of Colorado is a corporation and the El Paso County government is a corporation and there is no immunity from anybody when they deal in, commercial paper, adverse claims, presumptive charge and uses without lawful standing as holder in due course CUCC 4-3-302.

NON-ASSUMPSIT in any implied or quasi contracts and explicit RESERVATION of ALL NATURAL RIGHTS WITHOUT PREJUDICE CUCC 4-1-207.

Signed:

Dale Pond (signed March, 2000)

Witness:

__________________________

"In 1932, William Z. Foster, then National Chairman of the Communist Party, USA, restated the first plank of the Communist Manifesto; "The abolition of private property." Then in terms specifically applicable to the U.S., Foster stated,
"The establishment of an American Soviet government will involve the confiscation of large landed estates in town and country, and also, THE WHOLE BODY TO FORESTS, MINERAL DEPOSITS, LAKES, RIVERS AND SO ON."

(Are we not seeing this in removal of forest roads, creating more and more national monuments, zoning, establishing vast areas as wildlife habitat, and taking control of other vast areas under the American Heritage Rivers designations?)

Look at this statement by Gus Hall, Communist Party Chief:
"The battle will be lost, not when freedom of speech is finally taken away, but when Americans become so 'adjusted or conditioned' to getting along with the 'group' that when they finally see the threat, they will say, 'I can't afford to be controversial."
Jodi Bari, Earth First: "IF WE DON'T OVERTHROW CAPITALISM, WE DON'T STAND A CHANCE OF SAVING THE WORLD ECOLOGICALLY. I THINK IT'S POSSIBLE TO HAVE AN ECOLOGICALLY SOUND SOCIETY UNDER SOCIALISM. I DON'T THINK IT'S POSSIBLE UNDER CAPITALISM."

More Common Law materials.

References - More Reading Materials on Zoning & Property (Rights)

Colorado Uniform Commercial Code

4-1-103 - Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.

4-1-201 - General definitions.

Subject to additional definitions contained in the subsequent articles of this title which are applicable to specific articles or portions thereof, and unless the context otherwise requires, in this title:

(3) "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this title (sections 4-1-205 and 4-2-208). Whether an agreement has legal consequences is determined by the provisions of this title, if applicable; otherwise, by the law of contracts (section 4-1-103). (Compare "Contract".)

(5) "Bearer" means the person in possession of an instrument, document of title, or certificated security payable to bearer or indorsed in blank.

(8) "Burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.

(9) "Buyer in ordinary course of business" means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed persons in the business of selling goods of that kind. "Buying" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(11) "Contract" means the total legal obligation which results from the parties' agreement as affected by this title and any other applicable rules of law. (Compare "Agreement".)

(14) "Delivery" with respect to instruments, documents of title, chattel paper, or certificated securities means voluntary transfer of possession.

(15) "Document of title" includes bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass.

(16) "Fault" means wrongful act, omission, or breach.

(20) "Holder", with respect to a negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the case of an instrument payable to an identified person, if the identified person is in possession. "Holder", with respect to a document of title, means the person in possession if the goods are deliverable to bearer or to the order of the person in possession.

(25) A person has "notice" of a fact when:

(a) He has actual knowledge of it; or

(b) He has received a notice or notification of it; or

(c) From all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person "knows" or has "knowledge" of a fact when he has actual knowledge of it. "Discover" or "learn" or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this title.

(26) A person "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person "receives" a notice or notification when:

(a) It comes to his attention; or

(b) It is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.

(27) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction, and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.

(31) "Presumption" or "presumed" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

(36) "Rights" includes remedies.

(37) "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 4-2-401) is limited in effect to a reservation of a "security interest". The term also includes any interest of a buyer of accounts or chattel paper which is subject to article 9 of this title. The special property interest of a buyer of goods on identification of such goods to a contract for sale under section 4-2-401 is not a "security interest", but a buyer may also acquire a "security interest" by complying with said article 9. Unless a consignment is intended as security, reservation of title thereunder is not a "security interest", but a consignment is in any event subject to the provisions on consignment sales (section 4-2-326). Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and

(a) The original term of the lease is equal to or greater than the remaining economic life of the goods,

(b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods,

(c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal addition consideration upon compliance with the lease agreement, or

(d) The lessee has an option to become the owner of the goods for no additional consideration or nominal addition consideration upon compliance with the lease agreement.

A transaction does not create a security interest merely because it provides that

(a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into,

(b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods,

(d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or

(e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

For purposes of this subsection (37):

(x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised;

(43) "Unauthorized" signature means one made without actual, implied, or apparent authority, and includes a forgery.

(46) "Written" or "writing" includes printing, typewriting, or any other intentional reduction to tangible form.

4-1-207 - Performance or acceptance under reservation of rights.

(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.

(2) Subsection (1) of this section does not apply to an accord and satisfaction.

4-2-210 - Delegation of performance - assignment of rights.

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.

(2) Unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.

(3) Unless the circumstances indicate the contrary, a prohibition of assignment of "the contract" is to be construed as barring only the delegation to the assignee of the assignor's performance.

(4) An assignment of "the contract" or of "all my rights under the contract" or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.

(5) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (section 4-2-609).

4-3-203 - Transfer of instrument; rights acquired by transfer.

(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

(b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

(c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.

(d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.

4-3-302 - Holder in due course.

(a) Subject to subsection (c) of this section and section 4-3-106 (d) "holder in due course" means the holder of an instrument if:

(1) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and

(2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in section 4-3-306, and (vi) without notice that any party has a defense or claim in recoupment described in section 4-3-305 (a).

(b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a) of this section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.

(c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or (iii) as the successor in interest to an estate or other organization.

(d) If, under section 4-3-303 (a) (1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

(e) If (i) the person entitled to enforce an instrument has only a security interest in the instrument and (ii) the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

(f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

(g) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.

4-3-308 - Proof of signatures and status as holder in due course.

(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under section 4-3-402 (a).

(b) If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under section 4-3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.

4-3-501 - Presentment.

(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.

(b) The following rules are subject to article 4 of this title, agreement of the parties, and clearing-house rules and the like:

(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.

4-3-502 - Dishonor.

(a) Dishonor of a note is governed by the following rules:

(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.

(2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.

(3) If the note is not payable on demand and paragraph (2) of this subsection (a) does not apply, the note is dishonored if it is not paid on the day it becomes payable.

(b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:

(1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under section 4-4-301 or 4-4-302, or becomes accountable for the amount of the check under section 4-4-302.

(2) If a draft is payable on demand and paragraph (1) of this subsection (b) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.

(3) If a draft is payable on a date stated in the draft, the draft is dishonored if (i) presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later, or (ii) presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment.

(4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.

(c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsection (b) (2), (3), and (4) of this section, except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs.

(d) Dishonor of an accepted draft is governed by the following rules:

(1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.

(2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.

(e) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under section 4-3-504, dishonor occurs without presentment if the instrument is not duly accepted or paid.

(f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored.

4-3-601 - Discharge and effect of discharge.

(a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

4-9-106 - Definitions: "account" - "general intangibles".

"Account" means any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper, whether or not it has been earned by performance. "General intangibles" means any personal property (including things in action) other than goods, accounts, chattel paper, documents, instruments, investment property, rights to proceeds of written letters of credit, and money. All rights to payment earned or unearned under a charter or other contract involving the use or hire of a vessel and all rights incident to the charter or contract are accounts.

BLACK'S LAW DICTIONARY, Revised Fourth Edition, West Publishing Co., 1968

Adverse Possession: A method of acquisition of title by possession for a statutory period under certain conditions. Lowery v. Garfield County, Mont. 208 P.2d 478, 486. It has been described as the statutory method of acquiring title to land by limitation. Fields v. Sosby, Tex.Civ. App., 226 S.W.2d, 484, 486. Adverse possession depends on intent of occupant to claim and hold real property in opposition to all the world; Sertic v. Roberts, 136 P.2d 248, 171, Ore. 121; and also embodies the idea that owner of or persons interested in property have knowledge of the assertion of ownership by the occupant, Fields v. Sosby, Tex.Civ.App., 226 S.W.2.d 484, 486.

Authority [Government al Law]: Legal power; a right to command or to act; the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties.

Charge: An incumbrance, lien, or claim; a burden or load; an obligation or duty; a liability; an accusation. Darling v. Rogers, 22 Wend. (N.Y.) 491. An undertaking to keep the custody of another person's goods. State v. Clark, 86 Me. 194, 29 A. 984.

Citizen: One of the sovereign people. A constituent member of the sovereignty synonymous with the people. Scott v. Stanford, 19 How. 404, 15 L.Ed. 691.

Claim: To demand as one's own; to assert, Hill v. Henry, 66 N.J.Eq. 150, 57 Atl. 555.

Communism: A system of social government in which goods are held in common, the opposite of the system of private property;

Deprive: To take. The term has its meaning in a constitutional provision that no person shall be "deprived of his property" without due process of law, and denotes a taking altogether, a seizure, a direct appropriation, dispossession of the owner. Brown v. City of Atlanta, 167 Ga. 416, 145 S.E. 855, 857. It connotes want of consent. Sandel v. State, 104 S.E. 567, 571, 115 S.C. 168, 13 A.L.R. 1268.

Due Process of Law: "Due process of law," as used in the constitution, cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for ascertaining guilt, or determining the title to property. Embury v. Conner, 3 N.Y. 511, 517, 53 Am.Dec. 325.

Fascist/Fascism: A totalitarian; a believer in the corporate state; one opposed to the exercise of demographic methods or of civil liberties; high handed.

Founded: Based upon; arising from, growing out of, or resting upon; as in the expressions "founded in fraud," "founded on a consideration," "founded on contract," and the like. In re Grant Shoe Co., C.C.A.N.Y., 130 F. 881, 66 C.C.A. 78; Palmer v. Preston, 45 Vt. 158, 12 Am.Rep. 191; Steele v. Hoe, 14 Adol. & El. 431' In re Morales, D.C.Fla., 105 F. 761.

Holder: The holder of a bill of exchange, promissory note, or check is the person who has legally acquired possession of the same, by indoresement or delivery, and who is entitled to receive payment of the instrument. Crocker-Woolworth nat. Bank v. Nevada Bank, 139 Cal. 564, 73 P. 456, 63 L.R.A. 245, 96 Am.St.Rep. 169.

Holder in Due Course: A holder who has taken a bill of exchange (check or note) complete and regular on the face of it, under the following conditions, namely: (a) That he became the holder of it before it was previously dishonored, if such was the fact. (b) That he took the bill (check or note) in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it. Uniform Negotiable Instrument Act, ß52; Peoples Loan & Finance Co. v. Ledbetter, 69 Ga.App. 729, 26 S.E.2d 671, 674.

Just Compensation: It means a settlement which leaves one no poorer or richer than he was before the poperty was taken. U. S. ex rel. Tennessee valley Authority v. indian Creek Marble Co., D.C.Tenn., 40 F.Supp. 811, 818, 819.

Larceny: Larceny is fraudulent taking and carrying away of a thing without claim of right, with intention of converting it to a use other than that of the owner, without his concent. Thomas v. Kessler, 334 Pa. 7, 5 A.2d 187, 188; Fitch v.State, 135 Fla. 361, 185 So. 435, 437, 439, 440, 125 A.L.R. 360; Hanes Funeral Home v. Dixie Fire Ins. Co., 216 N.C. 562, % S.E.2d 820, 821, 822;

Non Assumpsit: The general issue in the action of assumpsit; being a plea by which the defendant avers that "he did not undertake" or promise as alleged.

Object: In legal proceedings, to object is to interpose a declaration to the effect that the particular matter or thing under consideration is not done or admitted with the consent of the party objecting, but is by him considered improper or illegal, and referring the question of its propriety or legality to the court.

Official: Pertaining to an office; invested with the character of an officer; proceeding from, sanctioned by, or done by, an officer. Cohn v. U.S., 169 C.C.A. 371, 258, F. 355, 358.

Outlaw: Popularly, a person violating the law. Oliveros v. Henderson, 116 S.C. 77, 106 S.E. 855, 859.

Party: A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually.

Personal Property: In broad and general sense, everything that is the subject of ownership, not coming under domination of real estate. A right or interest in things personal, or right or interest less than a freehold in realty, or any right or interest which one has in things movable. Elkton Electric Co. v. Perkins, 145 Md. 224, 125.

Post: To bring to the notice or attention of the public by affixing to a post or wall, or putting up in some public place; to placard. City of Pittsburgh v. Pittsburgh Rys. Co., 259 Pa. 558, 103 A. 372, 373; Stanford v. State, 99 Tex.Cr.R. 111, 268 S.W. 161, 162; Iowa-Missouri Grain Co. v. Powers, 198 Iowa, 208, 196 N.W. 979, 980, 22 A.L.R. 1268.

Private Property: As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature; capable of being had in possession and transmitted to another, such as houses, lands and chattels. Homochitto River Com'rs v. Withers, 29 Miss. 21, 64 AM.DEC. 126; SCRANTON V. WHEELER, 21 S.CT. 48, 179 U.S. 141, 45 L.ED. 126.

Property: That which is peculiar or proper to any person; that which belongs exclusively to one; in the strict legal sense, an aggregate of rights which are guaranteed and protected by the government. Fulton Light, Heat & Power Co. v. State, 65 Misc.Rep. 263, 121 N.Y.S. 536. The term is said to extend to every species of valuable right and interest. McAlister v. Pritchard, 230 S.W. 66, 67, 287 Mo. 494.

Protest: A formal declaration made by a person interested or concerned in some act about to be done, or already performed, whereby he expresses his dissent or disapproval, or affirms the act against his will. The object of such a declaration is generally to save some right which would be lost to him if his implied assent could be made out, or to exonerate hiimself from some responsibility which would attach to him unless he expressly negatived his assent.

Public: Pertaining to a state, nation, or whole community; proceeding from, relating to, or affecting the whole body of people or an entire community. Morgan v. Cree, 46 Vt. 786, 14 AmRep. 640; Crane v. Waters, C.C.Mass., 10, F. 621.

Quasi Contract: In civil law. An obligation similar in character to that of a contract, which arises not from an agreement of parties but from some relation between them, or from a voluntary act of one of them. An obligation springing from voluntary and lawful acts of parties in the absence of any agreement. Howe. Stud. Civ. L. 171

Rights, Natural: Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized sopciety; or they are those plainly assured by natural law or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him.

Summary Process: Such as is immediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis, 8 N.Y.Leg.Obs. 49.

Take: To lay hold of; to gain or receive into possession; to seize; to deprive one of the use or possession of; to assume ownership. City of Durham v. Wright, 190 N.C. 568, 130 S.E. 161, 163.

Thief: One who steals; one who commits theft or larceny. Nugent v. Union Automobile Ins. Co., 140 Or. 61, 13, P.2d 343, 344.

Use: [Civil Law] Right given to any one to make a gratuitous use of such a thing belonging to another...

Use, Passive: A permissive use.

Use, Permissive: A passive use which was resorted to before the statute of uses, in order to avoid harsh law; as that of mortmain or a feudal forfeiture. It was a mere invention in order to evade the law by secrecy; as a conveyance to A. to the use of B. A. simply held the possession, and B. enjoyed the profits of the estate. Wharton.

Usurpation: The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. Tomlins

Ward: Guarding; care; charge; as, the ward of a castle; so in the phrase "watch and ward." Guardianship.

Writ of Prohibition: The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person, when such proceedings are without or in excess if the jurisdiction of such tribunal, coporation, board, or person. Code Civ.Proc.Cal. ß1102. State v. Packard, 32 N.D. 301, 115 N.W. 666, 667. Johnston v. Hunter, 50 W. Va. 52, 40 S.E. 448. State v. Evans, 88 Wis. 255, 60 N.W. 433.

References - More Reading Materials on Zoning & Property (Rights)

In court? Need assistance? JurisdictionaryÆ

Modernization of Zoning - A Means to Reform

http://www.cato.org/pubs/regulation/reg19n2f.html

Property and Freedom - a book review

http://www.cato.org/pubs/regulation/regv22n2/bookreviews.pdf

Property and Freedom, by Richard Pipes; Hardcover, 317pp., ISBN: 0375404988; Publisher: Knopf Alfred A; April 1999



Pond Science Institute
921 Santa Fe Avenue
La Junta, Colorado 8105
FAX 719-383-2920

Toll Free for Ordering 866-604-3463
Contact by email