Notice to the principal is notice to the agent
Notice to the agent is notice to the principal
Be it known to all that I, [__________]own the 1998 Dodge Ram vin # [_______________], it is private property consumer goods not equipment . As per UCC 9-109 (1)
UCC 9-102 ..definitions ..
(23) “Consumer goods” means goods that are used or bought for use primarily for personal, family, or household purposes.
“A vehicle not used for commercial activity is a “consumer goods”, …it is
NOT a vehicle that is REQUIRED to be REGISTERED under this code
“Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit, and housecars, are not commercial vehicles”
“a vanpool vehicle is not a commercial vehicle.” and; NOT type of vehicle required to be registered and “use tax” paid of which the tab is evidence of receipt of the tax.” Bank of Boston vs Jones, 4 UCC Rep. Serv. 1021, 236 A2d 484, UCC PP 9-109.14. And;
“It is held that a tax upon common carriers by motor vehicles is based upon a by reasonable classification, and does not involve any unconstitutional discrimination, although it does not apply to private vehicles, or those used the owner in his own business, and not for hire.” Desser v. Wichita, (1915) 96 Kan. 820; Iowa Motor Vehicle Asso. v. Railroad Comrs., 75 A.L.R. 22.
Jurisdiction over private property
What’s necessary for jurisdiction ,
In Wheeling Steel Corp v. Fox, 298 U.S. 193 (1936) it states: Property taxes can be on tangibles or intangibles. In order to have a situs for taxation (a basis for imposing the tax), tangible property (physical property) must reside within the territorial jurisdiction of the taxing authority, and intangibles…
Under USC Title 42 §1982. Property rights of citizens …, further evidences the above position that the City or State cannot take land because they DO NOT have Jurisdiction. It states that federal or state governments / agencies MUST have a monetary or proprietary interest in your real private property in order to have jurisdiction over it (if your land has no government grant/funding or is not a subsidized government project, then
agencies have neither). Title 42 USC §1982 and/or §1441. Title 42 §1983. Civil action for deprivation of rights …, further protects Declarant’s private property.
“Men are endowed by their Creator with certain unalienable rights, -‘life, liberty, and the pursuit of happiness;’ and to ‘secure,’ not grant or create, these rights, governments are instituted.
That property which a man has honestly acquired he retains full control of, subject to these limitations: first, that he shall not use it to his neighbor’s injury, and that does not mean that he must use it for his neighbor’s benefit: second, that if he devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation.” Budd v. People of State of New York, 143 U.S. 517 (1892).
“… In one of the so-called elevator cases, that of Munn v. Illinois,
94 U. S. 113, [24 L. Ed. 77], it is said: ‘When, therefore, one devotes
his property to a use in which the public have an interest, he in
effect grants to the public an interest in that use, and must submit to
be controlled by the public for the common good, to the extent of the
interest he has thus created.’ But so long as he uses his property for
private use, and in the absence of devoting it to public use, the
public has no interest therein which entitles it to a voice in its
Classification is determined by use,
“Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled.” Ex Parte Hoffert, 148 NW 20.
“The use to which an item is put, rather than its physical characteristics, determine whether it should be classified as “consumer goods” under UCC 9-109(1) or “equipment” under UCC 9-109(2).” Grimes v
Massey Ferguson, Inc., 23 UCC Rep Serv 655; 355 So.2d 338 (Ala., 1978).
“Under UCC 9-109 there is a real distinction between goods purchased for personal use and those purchased for business use. The two are mutually exclusive and the principal use to which the property is put should be considered as determinative.” James Talcott, Inc. v Gee, 5 UCC Rep Serv 1028; 266 Cal.App.2d 384, 72 Cal.Rptr. 168 (1968).
“The classification of goods in UCC 9-109 are mutually exclusive.” McFadden
v Mercantile-Safe Deposit & Trust Co., 8 UCC Rep Serv 766; 260 Md 601, 273
A.2d 198 (1971).
What must happen …
In view of this rule a statutory provision that the supervising officials “may” exempt such persons when the transportation is not on a commercial basis means that they “must” exempt them. State v. Johnson, 243 P. 1073; 6 C.J.S. section 94 page 581.
You have been given knowledge,
Please act accordingly …
The foregoing instrument was acknowledged before me this the _____ day of _______ in the year ___