Status Update-What are the other yahoo candidates doing to earn your vote?

What are the other congressional candidates doing right now, today to earn your vote for United States Congress?

 It would seem best for a congressional candidate to do something other than merely state vote for me, and later after I am elected, I will do something for you.  Good luck with that kind of congressional candidate.

I am continuing my challenge related to real estate tax appraisals in Kansas and the creation of a new but unconstitutional court called the Kansas Court of Tax Appeals.  This creature was created by a pompous Kansas Senator named Tim Owens.  What was he thinking in sponsoring Substitute for HB 2018?  Or was he thinking? 

Senator Owens sent me an email pertaining to this horrible legislation stating Kansas state district court judges were not smart enough to hear real estate tax appeals.  Well, with that kind of comment, that email will probably be marked as Exh. 1 for the four hour trial currently docketed for April 30th.  In addition, I have requested a jury determine questions of fact. 

The other side,  Johnson County has already conceded the assessment of real estate taxes on my personal residence was a tad bit too high.  And they are trying to cut a deal so I do not challenge the constitutionality of this horrible new court in Kansas. 

The creation of this new court is not ready for prime time. 

For several reasons:

First, the Kansas Court of Tax Appeals is located in the same state building that houses some of Kansas's legislators.  It is a good idea that courts are kept separate physically from legislators.  If this court is going to survive at all, it should be located in the Kansas Judicial Center to keep separation.

Second, the current location in the Docking State Office building does not have a courtroom big enough for a jury trial.  As promised in the Kansas Constitution to be an inviolate right.  So, if this court cannot assemble a jury to determine facts, it cannot be found to be constitutional.

Third, in regard to real estate tax assessments in all 105 counties in Kansas, it is akin to Jim Crow laws.  Which violates the 14th Amendment to the United States Constitution.  Real estate taxes in Kansas are separate and unequal across all 105 counties.  Sounds like Jim Crow to me. 

Fourth, the Kansas Constitution requires the state legislative body to ensure there is appropriate funding to fund state government operations.  Our Kansas Constitution does not state instruments of the state, such as Johnson County Kansas are to be the tax revenue raising body for the state.  For if we allow that in Kansas, then we have lost the right of the voter to control state expenditures and the asessment of taxes. 

Effectively, Johnson County government can raise tax revenues without voter approval.  Which in turn means we the voters have lost the check and balance that is critical to maintaining control over taxing authorities.  So basically, with this real estate comparables nonsense, the various counties in Kansas can raise whatever tax revenue they desire, by merely increasing either the mill levy, or the overall value of real estate in a county.  And they are doing this.  Regardless of what we the voters want. 

Hence,why governments including JOCO continue their growth unfettered.  Which in turn, makes the legislators in Kansas having failed their duty to ensure there is appropriate state funds as required by our Kansas Constitution.  Therefore, they are more concerned about getting re-elected than they are in complying with our Kansas Constitution.  Shame on them. 

Finally, those are just a few of many factors on why this new court is a horrible idea not ready for prime time.

We, the citizens of our respective counties have effectively lost our check and balance over the growth of state tax revenues related to real estate taxes.  But only for a while.  We have to restore to the voters their right to control and limit the growth of government again.  Whether that be at the municipal, county, state or national level.  Starve the beast and restore to the people control over the size, direction and purpose of their governments.  For we, the people are in charge of these various governments.  And we need to remind some of these yahoos (like Tim Owens), we the people are in charge.  Not yahoo politicans. 

So, that is one of several things that  I am doing to earn your vote.  What are these other congressional wanna be people doing now to deserve your vote in the upcoming primary?  Beats me.  I have not heard much of anything from any of them.  Other than some of them wanting to support a horrible regressive tax scheme called the Fair Tax.  Which is not fair at all. 

The Fair Tax would require you parents with children or college students to pay a huge new tax roughly for k-12, $2,500 per student per year.  How can anyone, including some of these rookie congressional candidates call this a "fair tax"?  Hardly sounds fair to me.  Maybe these rookie candidates should try reading and understanding what they publically endorse.  I do not endorse anything called the "fair tax". Because it not a fair tax at all.  Instead, it is regressive tax policy that makes the rich, richer.

I do have several suggestions related to taxes.  Both at the state and federal level.  Some of those tax changes, both at the state and federal level I got by listening to you, the voters. I suppprt conceptually, participatory democracy where the voter controls how his taxes are spent directly. Who these other yahoo congressional candidates must be listening to has to be special interest groups.  I would ignore them.  For truly, they do not understand what it takes to represent you, the voter. 

Merely  ask them this congressional election cycle whether they support the Fair Tax.  If they do, do not vote for them.  For if they are, they do not want to represent the individual.  They want to represent special interest groups.  Which I do not.

 I suppport the individual and small businesses.  For this what made America a great nation.  And despite politicians, we do not want to forget that, ever.

tdus

Got your JOCO real estate property tax bill yet? I did.

November 13, 2009

If you are a homeowner in JOCO, your real estate tax statement is now available on-line at the county web site.  Boy, are you going to be surprised like I was.  I was hit with 3% increase in real estate property taxes.  I have the data for the entire subdivision where I reside.  For the 151 homes in my subdivision (Quaker Ridge), the tax increases were on all properties due to mill levy increases. Which is going to really make it difficult to win an appeal since the tax increase was not based on property valuation. It may be warranted for some attorney to file a class action.   

The tax increases ranged from 1.6 to 6.2 percent.  Yet, there was no decreases in property valuation.  Which I still have to determine why.  What you have to determine is whether you are going to appeal or merely join the case I have going to trial on April 30, 2009 against the county challenging the JOCO real estate tax appeal process.  And remember, the county government is merely considered to be an instrument of the state.

The politicians in the Kansas legislature do not raise taxes (allegedly although almost consistently, tax receipts always go up in hidden taxes); so instead, they force the counties to raise your property taxes.  .  The Kansas Constitution clearly places the burden on the state legislature for funding state programs.  So, be nice to the folks at JOCO KS government.  It is not their fault.  The fault lies with the politicians in the Kansas legislature whom consistently fail to follow the Kansas Constitution including their duties as elected officials. 

Most of us know this is a sham process.  What many may not know, is there was an amendment to House Bill 2018 taking away your right to appeal any sham process you have to endure by JOCO or the Court of Tax Appeals. 

So, if you feel like you have been deprived your due process rights like I do, I suggest you might to join my case set for trial on April 30.  As allowed by Kansas tax appeal regulations (KAR).  What I hope you the voter and non-voter remember is that I am doing this on your behalf.  It is my goal to restore your procedural rights to have your appeal heard in JOCO District Court, instead of all of us having to travel to Topeka to have the case heard by the Kansas Court of Appeals.

More than likely, since every hearing in this process is before an official of the state of Kansas, your chances of getting a fair hearing are about zero.  The final stage of challenging your real estate tax assessment is either the Kansas Supreme Court or the United States Supreme Court.

In regard to me, I intend to take this sham process to the United States Supreme Court.  Which happens to be the only place you can go on an appeal before someone not paid by the state of Kansas.  Which will be my 10th case either docketed or attempted to docket at SCOTUS. 

Why don't you join my case and stand up for your rights to argue unfavorable and rigged real estate tax cases back to our county state district court.  We need to fight the amendment to HB 2018 (sponsored by former state rep, and now a Kansas Senator Tim Owens),

I called and faxed a letter to Senator Owens inquiring to what the heck was he thinking by taking away our constitutional right to due process in our county state district court.  To date, Senator Owens has refused to communicate with me.  Can't blame you Senator?  If I took away a right to every homeowner in Kansas, I would not return  phone calls either.  But you might be able to explain your rationale on April 30th when I subpoena you to appear in court.

In closing, just be glad you do not have to endure the taxes of WYCO.  Which are even worse.  That is the No. 1 concern of their residents.  And I intend to do whatever I can to help those people in WYCO, JOCO, and DG counties during this 2010 congressional campaign by doing stuff now earning your vote.  So once again, it is Take Action Scherer fighting for your rights.  I merely wonder what the incumbent and the 2010 congressional candidates are doing to deserve and earn your vote?


Signed Thomas E.Scherer,
The 3rd District Congressional candidate earning your vote before being elected.