EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #79
October 16, 2009

IN THIS ISSUE:
New Home Page Features
Properties of the Week:
- AZ, CO, IA, KY, & NV
Real Estate Roundup:
- Understanding Real Estate Title, Pt. 2
Sponsor's Corner:
- Pine Lake Estates, NY
Auction News:
- GA, IN, KY, MO, NE, NM, & WI
Buyers List Update
LandTerms.com Term of the Week:
- Engineer's chain (Ramsden's chain)

"You cannot be a success in any business without believing that it is the
greatest business in the world... You have to put your heart in the business
and the business in your heart."
- Thomas Watson, Sr. (former president of IBM, b. 1874 - d. 1956)


HOME PAGE UPDATE
Check out the new features we've added to our home page. There's a news gadget
with scrolling headlines, a real-time feed from our Twitter page, and a
translator that translates the text on our website into dozens of languages.
We're continually working to keep our site content fresh and to meet the needs
and demands of our customers and site users around the world.
http://www.eaglestar.net/


PROPERTIES OF THE WEEK
Partially Finished Home with River Access and Private Boat Ramp
Albany, Clinton County, Kentucky
$210,000
Views of the Cumberland River and the Rock House, a natural formation created
by the river. Finish the 2 level home to suit your tastes. Lot 21 affords you
direct access to the river for fishing from your yard or if you wish, there is
a private, concrete ramp for launching your boat that is available to property
owners in subdivision. Listing ID: 22710. Photos, map, and seller contact
information at http://www.eaglestar.net/nsn.html

Eureka Springs Ranch
Graham County, Arizona
80 Acres - $39,900
Nestled in the breathtaking Aravaipa Valley, between the Galiuro and Pinaleno
Mountains, lies Eureka Springs Ranch, a haven of beauty. On AZ land that boasts
300 days of sunshine a year, residents will enjoy the beauty of Arizona acreage
on terrain rich with history and natural diversity. Listing ID: 26005. Photos,
map, and seller contact information at
http://www.eaglestar.net/Detailed/26005.html

Short Sale - Nice Sunrise Manor Home
Las Vegas, Clark County, Nevada
0.19 Acres - $70,000
2BR, 1 BA home, great condition. 1400 SF. Attached 2-car garage. Fenced. Huge
lot - over 8,000 SF. Large patio. New oak cabinets. Fireplace. Storage room.
RV/trailer/equipment parking. Bank asking $70k. Listing ID: 25988. Photos, map,
and seller contact information at http://www.eaglestar.net/wks1-.html

Sugar Creek - Home & Land For Sale
Indianola, Warren County, Iowa
12 Acres - $680,000
We call it Sugar Creek, a beautiful home in the country. Especially in the
winter this home belongs on a postcard. With over 3,000 sq. ft.(approx.) this 4
bedroom, 3 1/2 bath home offers large windows, beautiful wood trim and wood
floors. Property has 2 acres. Enjoy the wildlife and wooded stream that borders
the land. You will love the fireplace and much more. Listing ID: 16259. Photos,
map, and seller contact information at http://www.eaglestar.net/gki.html

20 Acres with Incredible Views
Blanca, Costilla County, Colorado
20 Acres - $35,000
Southern Colorado, San Luis Valley: Four 5-acre lots available near Blanca, CO.
This scenic investment, recreational property is situated with majestic views
of of Sierra Blanca and the Sangre de Cristo Mountains. Exceptional scenery,
hunting, fishing and recreation. Listing ID: 25549. Photos, map, and seller
contact information at http://www.eaglestar.net/srb.html


REAL ESTATE ROUNDUP:
Understanding Real Estate Title - Part 2: Allodial Title, Police Power, and
Escheat
This week we continue our series on title and estates as they pertain to real
property. Important points to remember from last issue
(http://www.eaglestar.net/newsletter/index.cgi?ID=78) are that title refers to
the ownership of or right to the land (real estate), while an estate refers to
the nature, degree, quantity, or extent of that interest or ownership. Some
types of interest in real estate, such as easements, are not estates because
they allow use but not possession of land. These types of interest are less
than ownership and, as such, do not indicate that the holder of the easement
also holds title to the property.

Q: Is the title to my property a legal document that proves ownership of real
estate?
A: No. The legal document that proves ownership of an asset (a "muniment") in
real estate is a deed. A deed is also the written instrument used to transfer
title to real estate. Title, on the other hand, is the set of circumstances
that would allow one to recover or retain ownership of real estate if that
ownership was challenged in court. These circumstances include physical
possession of the real estate; they also include the existence of a deed of
ownership, which should always be legally recorded.

Q: Are there different types of title?
A: Yes. These include allodial, feudal, and the fee simple estate. We'll
discuss feudal title and the fee simple estate in later issues.

Q: What is allodial title?
A: Allodial title is better described as a type of estate. Allodial title is a
complete, undivided, and inalienable interest in a parcel of land. Those who
hold allodial title are free from any and all encumbrances and obligations,
including mortgages, taxes, and liens. In addition, allodial lands ("allodium")
are not subject to government police power, eminent domain, or escheat.
Allodial title is distinguished from feudal title, an archaic form of property
ownership where all lands reverted to the estate of the king following the
death of their owners.

Q: What does inalienable mean?
A: Inalienable is a legal term that means "cannot be taken away by operation of
law".

Q: What is government police power?
A: Police power is a legal concept describing the right of the government to
enact laws, enforce law and order, and regulate the behavior of its citizens.
The intent of police power is professed to be the promotion of the health,
safety, welfare, morals, and general well-being of the public. Only those
rights and powers specifically prohibited by the U.S. or state constitutions
limit government police power. Examples of government police power include land
use rules such as zoning ordinances, natural resource or environmental
regulations, building and fire codes, and traffic laws.

Q: What is eminent domain?
A: Eminent domain is the right of a state, federal, or municipal government to
take private property for a necessary public use, with just compensation paid
to the owner. For example, a city might "take" a homeowner's property for the
construction of a hospital, or a state might do the same for the construction
of a new or improved highway. It is called "taking" because there is little the
property owner can do to prevent the government from acquiring the property.
However, it is not "taking" in the sense that the property owner receives
nothing in return. The owner should be paid a fair price based on the market
value of the property ("just compensation").

Q: What is escheat?
A: Escheat is the process by which property ownership is transferred to the
state when a person dies intestate (without a will) and no legal heirs can be
located. Usually the property is disposed of (sold), so the state does not have
the burden of property upkeep. The funds from the sale of the property are
held in trust in for a number of years (the "statute of limitations"), during
which time a legal heir may claim them. After this period, which varies by
jursidiction, it is next to impossible for legal heirs to claim these funds.
The concept of escheat began long ago, when it described the legal process by
which feudal land was returned to the ownership of the king or other sovereign
upon the death of its owner. Escheat is used today to ensure that property is
not left without an owner and in legal limbo.

Q: Does allodial title exist in the United States?
A: True allodial title does not exist in the United States. Most people who
make the claim that it does base their argument on a broad interpretation of
the Treaty of Paris (1783), which formally ended both the Revolutionary War and
American fealty to the English Crown. The Treaty does reject the Crown's feudal
interests in American lands, but does not specifically mention allodial title.
The fact that privately held lands in the United States are subject to
taxation, police power, escheat, and eminent domain means that title to such a
parcel of land is not and cannot be allodial, according to its legal
definition.

Two states, Nevada and Texas, offer limited allodial title, although Nevada
stopped accepting applications in 2005. With strict respect to its definition,
neither state offers true allodial title. Nevada's process required the payment
of all property taxes upfront before the property could be removed from the tax
rolls. In addition, both states allow the seizure of property (allodial or
otherwise) used in criminal enterprises. With these things in mind, it is clear
that title to privately held lands in NV and TX is not complete, unencumbered,
and inalienable. Title to lands such as these therefore cannot be considered
allodial.

Q: What kind of title system do we have in the United States?
A: The system of title in the United States is best described as a modified
feudal system. The fee simple estate is the highest and most complete ownership
of land under this system. Title to the land no longer reverts to the king or
other sovereign upon the death of the owner, as was the case in the feudal
tenure system of title. Title in the U.S. can be passed to heirs, or it can be
transferred or assigned to anyone the owner wishes. However, real property is
subject to liens, mortgages, taxes, eminent domain, escheat, and police power,
and so has more in common with a feudal system than an allodial system of
title.

In next issue we'll summarize and differentiate between some different types of
title to real estate, including feudal title and Torrens title.


SPONSOR'S CORNER
Pine Lake Estates - NY Land for Sale
Wurtsboro, Sullivan County, New York
5 Acres - $59,900
On October 17th & 18th, NY Land & Lakes will offer for absolute sale, ten
incredible lakefront & lake side acreage homesites on one of the last
undeveloped lakes this close to NY City at prices 40% below appraised value And
NO reasonable offer will be refused! That's right - your chance to cut your
best deal. Pine Lake Estates is a wooded sanctuary offering the finest
estate-sized home sites tucked away in the unspoiled forest of the Southern
Catskills. It is a mere one hour from the George Washington Bridge and less
than 10 minutes from the Village of Wurtsboro, one of the oldest villages in
the region and known as the gateway to the Catskills and Sullivan County. This
wooded acreage has a birch and hemlock forest, very private. Also includes
deeded water access. Listing ID: 26025. Photos, map, and seller contact
information at http://www.eaglestar.net/Detailed/26025.html


AUCTION NEWS
Browse thumbnail photos and short property descriptions at
http://www.eaglestar.net/Land_Auction_Calendar/index.html

Modular Home and 3 Wooded Lots
Auction: Saturday, October 17, 2009
Somerset, Russell County, Kentucky
Lake Cumberland, KY - Faubush/Jabez area. Absolute auction near Clearwater Boat
Ramp. 3 bedroom doublewide modular home with half basement on wooded lot, plus
2 vacant wooded lots.
City water and electric to all three lots. Listing ID: 25992. Photos, map, and
seller contact information at http://www.eaglestar.net/brg.html

Private Golf Course For Sale
Auction: Friday, October 23, 2009
Portage, Columbia County, Wisconsin
This beautiful 3,000-foot, par-34 golf course features tree-lined fairways with
Kentucky bluegrass and Wisconsin fescue, and bentgrass greens. The property is
only minutes from Wisconsin Dells. Sells absolute - regardless of price.
Listing ID: 25879. Photos, map, and seller contact information at
http://www.eaglestar.net/crw6-.html

Commercial Building with Apartment on Corner Lot
Auction: Saturday, October 24, 2009
Russell Springs, Russell County, Kentucky
This modern commercial building on corner lot features a most attractive
exterior with vinyl siding, like-new metal roof, tilt-in double pane windows,
and central heat & air. This building offers 2,060 sq. ft. with a nicely
finished commercial side featuring showroom area, like-new carpeting, and half
bath. Listing ID: 25993. Photos, map, and seller contact information at
http://www.eaglestar.net/trr.html

Country Living Minutes from Town
Auction: Saturday, October 24, 2009
Russell Springs, Russell County, Kentucky
1.1 Acres
This modern day, one-owner Honest Abe log home offers a super location and a
beautiful country atmosphere only minutes from town. This beautiful proeprty
offers mature trees and landscaping and plenty of parking with double black top
drives. Listing ID: 26050. Photos, map, and seller contact information at
http://www.eaglestar.net/btha2-.html

Large Tract with Private Lake
Auction: Tuesday, October 27, 2009
Spurgeon, Pike County, Indiana
131 Acres
The real estate consists of 127.7 acres by deed and 131 acres by survey in
southern Pike County along CR 1200 S, east of Spurgeon, & only 8 miles north of
I-64 & Lynnville, IN. This land is reclaimed mine ground that offers an
abundance of outdoor experiences, including a 15-acre lake that provides great
fishing. There is a wonderful cabin or home site situated overlooking the lake.
Listing ID: 25876. Photos, map, and seller contact information at
http://www.eaglestar.net/mdvs.html

Excellent Dry Farm Land and Pasture
Auction: Tuesday, November 3, 2009
Julesburg, Deuel County, Nebraska
2,395 Acres
Dryland and pasture to be offered separately, in combination, and as a single
unit. The dryland is located in a highly productive area with the pasture being
in excellent condition with above average fencing and livestock water.
Investment opportunity to add to your current cattle/livestock ranch operation,
farming operation, or to build your dream home on an acreage with panoramic
views. Listing ID: 25929. Photos, map, and seller contact information at
http://www.eaglestar.net/fsk.html

Senah Plantation - Timber and Managed Hunting Land
Auction: Friday, November 6, 2009
Leesburg, Lee County, Georgia
1,800 Acres
Senah Plantation recreation and hunting retreat in the heart of Georgia
plantation country. Offered divided and in its entirety. Professionally managed
world-renowned hunting. Fantastic development potential. 8,000 feet of river
frontage. Extensive amount of merchantable timber. Paved road frontage.
Excellent fishing. Small tracts available. Extensive internal road system.
Listing ID: 25990. Photos, map, and seller contact information at
http://www.eaglestar.net/ww1.html

Historic Irvin Ranch For Sale
Auction: Tuesday, November 10, 2009
Harrisonville, Bates County, Missouri
3,420 Acres
The Historic Irvin Ranch is a true working cattle ranch located just minutes
from the luxuries of the city. This property is one of the largest contiguous
ranches in western Missouri. It will be offered in tracts and combinations for
the first time at auction. Listing ID: 25821. Photos, map, and seller contact
information at http://www.eaglestar.net/snydr.html

Seneca Valley Farms For Sale
Auction: Thursday, November 19, 2009
Clayton, Union County, New Mexico
9,813 Acres
The Seneca Valley Farm property features 6,105 deeded acres with 3,976
irrigated. In addition, there are 3,550 acres of leased land. Don’t miss this
excellent investment opportunity. All the components to operate as a complete
farm / livestock property. It is being offered in 19 tracts and can be
purchased by individual tracts, combination of tracts, or as a whole. Listing
ID: 25822. Photos, map, and seller contact information at
http://www.eaglestar.net/bsn.html


BUYER'S LIST UPDATE
http://www.eaglestar.net/Land_Buyers_List/index.html

Find the properties you are looking for by placing unlimited free buyer's ads
on Eaglestar.net. This service is intended for serious inquiries only. It's
fast, easy, and best of all, free. Navigate to
http://www.eaglestar.net/pages/buyers.html to begin.

To contact a buyer, please call us at 800-239-3448 or 877-471-0077 or email us
at info@eaglestar.net and we will put you in touch with them. Please note this
is a service provided to EagleStar.net clients with PAID property listings
only.

- Looking for a farm that we can move into with animals in the Ardmore /
Wilson, Oklahoma area. 75+ acres with barn and house. Please refer to buyer
#25991.

- Looking in: Tennessee, for farm with residence, over 20 acres. Near
hospitals, etc. Please refer to buyer #25986.

- Needed 10,000 to 100,000 hectares in Mexico. Motivated buyer in search of
large amounts of land in Mexico to purchase. Please forward your information as
soon as possible (English if possible). Please refer to buyer #25934.

- I'm looking for notes or trust deeds secured by single, multi-family homes,
condos, townhomes, mobile homes with land, vacant land, commercial. If you are
getting monthly payments and want to cash out let me know. Please refer to
buyer #25930.

- Looking in: Vancouver Island, BC. Recreational/commercial property or land in
Qualicum Beach area, Vancouver Island for campground/tourism facility. Nearby
town/schools. Road access. Please refer to buyer #25820.

- Looking in: Kansas. 500-1000 acres. Please refer to buyer #25816.

- Looking in: Maine - Michigan - Wisconsin - Canada. I'm looking for cheap
land, 60-100 acres, in the vicinity of a village or town. Needs road access,
prefer wooded or partially wooded land that includes a small pond, small lake,
stream, or river. Please refer to buyer #25756 or #25757.

- Looking in: Anywhere. Seeking 1000+ acres on navigable waterways with access
to gulf, great lakes or ocean. Must have or be able to secure mooring permits
for 100+ ft yacht. Please refer to buyer #25761.


LANDTERMS.COM TERM OF THE WEEK
http://landterms.com
Each issue we feature a real estate, forestry, natural sciences or other
land-related term from our partner site, LandTerms.com.

Engineer's chain (Ramsden's chain)
A usually metal chain used to measure length and distance. Less commonly used
in land surveys than a Gunter's or surveyor's chain, the engineer's or
Ramsden's chain is 100 feet in length, with 100 1-foot links. The terms
"engineer's chain" and "Ramsden's chain" apply primarily to the measuring
utensil itself and not to any particular unit of length.

Find thousands of land-related terms, definitions, articles, abbreviations,
quotations, and more at Landterms.com! Click on the "Categories" button at the
top of each page to see the list of over 35 categories.


Get the most bang for your buck. Advertise with EagleStar.net.

FOLLOW US ON TWITTER
http://twitter.com/EagleStarNet

SUGGESTIONS
We welcome reader suggestions, comments, and questions.
Email: newsletter@eaglestar.net

ARCHIVES
See archived issues of the Eaglestar.net Land and Property Review at
http://eaglestar.net/newsletter.

CONTACT
American Eagle Star
Tel: +1 702-471-0077 Toll Free 800-239-3448
Web: www.eaglestar.net
Email: info@eaglestar.net

All land areas (acreages) and other area measurements listed in the Land and
Property Review are approximate.

Copyright 2009 All Rights Reserved