HB1322 (2006) Detail

Relative to the establishment of allodial rights.


HB 1322 – AS INTRODUCED

2006 SESSION

06-2266

05/01

HOUSE BILL 1322

AN ACT relative to the establishment of allodial rights.

SPONSORS: Rep. Marple, Merr 9; Rep. L. Christiansen, Hills 27; Rep. Buhlman, Hills 27

COMMITTEE: Judiciary

ANALYSIS

This bill pertains to allodial rights.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2266

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the establishment of allodial rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings and Extent. The general court finds that Article 90, Part II, constitution for the state of New Hampshire provides for the continuance of existing laws, enacted by the sovereign people, enumerated in Article 7 of the Bill of Rights, if such continuance is not repugnant to the constitution. Whereas, the Treaty of Paris separated forever the ties of New Hampshire to the British feudal system of corporative commerce, all property in the 13 original colonies became allodium and acquired the status of allodial property, and whereas the legislature has not found allodial property or property held in allodium to be contrary or repugnant to the constitution, the legislature hereby recognizes allodial rights as provided in section 2 of this act.

2 Allodial Rights.

I. Pursuant to Article 90, Part II constitution for the state of New Hampshire, all property in the state of New Hampshire shall be determined to be titled allodial property or property held in allodium upon evidence of contract, recorded by the register of deeds, that the consideration for the property acquired was lawful money. Lawful money being defined by the constitution to be gold and silver coin. The language of the contract shall follow the language recorded in original deeds to property, such as “I, _____________ do hereby sell, transfer and convey to ___________ for consideration of one silver dollar and other valuable consideration, the following property; _(property described) _____________. Notary public seal or certification.”

II. Allodial property shall remain as such in perpetuity until mortgaged or otherwise encumbered only by the lawful owner. Evidence of any encumberment or mortgage shall immediately nullify the allodial title. Recovery or acquisition of allodial title shall be only by a knowing, willing, intentional contract wherein the consideration is lawful money.

III. In this section, “allodium” means an absolute estate of inheritance over which ownership is complete and absolute, free from all services to any particular superior and not subject to any feudal duties or burdens.

3 Effective Date. This act shall take effect 60 days after its passage.