Under the power of eminent domain, governments can take land -- real property -- for public use as long as the government pays "just compensation." This is a requirement of the Fifth Amendment to the United States Constitution. Just compensation is generally defined as the fair market value of the land taken.
Administrative Forfeiture
In rem (against the property) action that permits personal property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency that seized the assets when no one has filed a claim contesting the seizure.
For tainted assets, the government is always permitted to freeze tainted assets before trial. If the government proves that there is probable cause to believe your assets were the proceeds of a crime, or were used during a crime, then those assets can be frozen by court order.
Unlike a tax lien, which is a claim against your property as security for the tax debt, a levy actually takes the property to pay off the amount owed. The IRS can levy various assets, including bank accounts, wages, and personal property like cars, boats, or real estate.
By law, in the United States, the rights to exploit and extract natural resources, such as precious minerals, oil, and natural gas, can be owned and transferred independent of the conveyance of the land. Accordingly, you can sell real property but retain ownership of all natural resources.
Properties with historical or cultural significance may also be exempt from eminent domain acquisitions in some jurisdictions. These can include buildings, landmarks, and sites that have played an important role in the history or cultural identity of a particular community or region.
Allodial title refers to land free from government regulation, taxes, and the exercise of eminent domain. There is no mechanism to have title in California, or any state, really, deemed allodial.
Typically, creditors - such as the federal government, in this case - cannot seek recovery of assets held in an irrevocable trust; only revocable trusts can be attacked.
Every state restricts or puts limits on driving for people with seizures. Know the laws where you live. Typically, people need to be seizure free for a period of time, ranging from 3 to 12 months depending on the state in order to maintain a license.
By transferring ownership of assets into these trusts, you create a safeguard that makes it difficult for creditors or the IRS to claim them, even if unpaid taxes become a concern.
Certain retirement accounts: While the IRS can levy some retirement accounts, such as IRAs and 401(k) plans, they generally cannot touch funds in retirement accounts that have specific legal protections, like certain pension plans and annuities.
The IRS has a limited window to collect unpaid taxes — which is generally 10 years from the date the tax debt was assessed. If the IRS cannot collect the full amount within this period, the remaining balance is forgiven. This is known as the "collection statute expiration date" (CSED).
No, once you transfer assets into an irrevocable trust, they are no longer considered your property for tax purposes and are generally protected from IRS seizure.
Can You Refuse Eminent Domain? Technically, a property owner cannot refuse eminent domain because the Fifth Amendment to the U.S. Constitution allows the government to legally take private property for public use as long as it pays ”just compensation” for it.
Evendale. In July 2003, two small business owners won a victory in their fight to stop the Evendale city council from passing a proposed urban renewal plan that would have allowed the city to condemn theirs and nearly 80 other small businesses for the benefit of private developers.
In some cases, the landowner may not own the mineral rights to their property. This means that even if you find gold on your property, you may not have the right to mine or sell it. Examine your property deed or title to determine who owns the mineral rights.
Mineral Rights
If you own land, you have property rights. This means you can harvest anything that grows from your land, or build whatever you want on your land. To own oil or any other mineral coming from your land, you must have mineral rights in addition to your property rights.
Unless you also own the minerals under your land, that someone might have every right to start drilling. In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it.
On cash transactions over $10,000 (whether it's a single transaction or a series of transactions that total over $10k) there should be a report of cash transaction sent to the IRS.
The government of the United States distributes free automobiles to individual veterans or veteran families through the free cars for veterans program. In addition, many groups provide veterans with free cars, boats, and money. War veterans are people who have been directly involved in a military fight.
Your car is considered personal property, so it may be protected by your state's motor vehicle exemption. This exemption allows you to keep a certain amount of equity in your vehicle safe from creditors. Equity is the difference between your car's current market value and what you still owe on the loan.