Comment by thaumasiotes
6 days ago
> If I own a house or condominium in San Francisco, at a fundamental level I do not own the land or space the residence is sitting on. "Ownership" is basically a lease of the parcel from the city.
It's interesting to me that medieval European peasants "renting" the land they farmed had much stronger ownership rights than Americans who "own" land do today.
> I believe this is the constitutional justification for property taxes
It isn't. The constitutional justification for property taxes is that they're assessed by the states, not by the federal government.
The federal government is free to assess property taxes too, except that it must apportion them between the states: https://constitution.congress.gov/browse/essay/artI-S9-C4-1/...
> An 1861 federal tax on real property illustrates how the rule of apportionment operates. Congress enacted a direct tax of $20 million. After apportioning the direct tax among the states, territories, and the District of Columbia, the State of New York was liable for the largest portion of the tax [...]
What this meant was that the federal government delegated tax quotas to the states and the states were responsible for collecting them as they saw fit.
Recommend James C. Scott's "Seeing like a State" to learn more about the evolution of property valuation and rights. The systems of land rights in up to the 1500s-1800s were quite complex. The modern state imposed a uniform system of free-hold tenure which shifted the complexity to the downstream consequences.
https://www.amazon.com/Seeing-like-State-Certain-Condition/d...
I was making a comment about radical change in the meaning of "renting" and "ownership". Did you have anything specific in mind?
(I've read the book; it didn't strike me as related to this topic.)
The concept of freehold tenure is pretty central to the book. Not sure you could get any more on-point for the general reader looking for a book recommendation.
But since you ask: the peasant's rights to land were exquisitely bespoke. No tax collector could figure out how much one family owed versus another in another county. The rules in one prefecture of one county may have been completely unresolvable with the rules of a county a hundred miles north. Everything was negotiated family to family over generations, with rights in one place having no corollary whatsoever with the rights in another area, making the tax man's duty a fool's errand.
So, I don't your first statement "European peasants "renting" the land they farmed had much stronger ownership rights than Americans who "own" land do today." is really meaningful. Because no generalization can be made about the rights of a European peasant. That problem is the whole reason for the systems of freehold tenure that prevail today: making the territory "seeable" by the state.
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