Many of my consulting calls focus on the selection of retreat property locales. I always advise my clients to look first at state, county, and local laws, before they even start to look at individual real estate listings. In this essay, I will address the issue of jurisdictional layers, when considering retreat locales. In two previous SurvivalBlog articles, I discussed the whole concept of jurisdiction:
- In 2018: The First Question is Always Jurisdiction [1].
- and, in 2024: Fencing In Federal Jurisdiction [2].
But in this essay, I will be going over the application of jurisdiction, and most importantly how it varies, additively, by locale.
Most people reading this already realize that buying land in a State like California or New Jersey would be a mistake. That is immediately apparent just from the standpoint of taxes and gun laws, not to mention population density. But living in any State of the Union, the prospect of coming under the control of multiple jurisdictions can be unappealing. Often, I have clients who want to buy land or homes in what I call jurisdictionally-burdened areas. Let me elaborate on this:
The Jurisdictional layer cake
If you buy property anywhere in the United States, then you’ll effectively be under Federal Laws. (Yes, I realize that even though most Federal laws are over-applied, since from a Constitutionalist perspective, Federal jurisdiction should properly only be applied to Federal property, such as Federal buildings, forts, ports, and dockyards. But try explaining that to a Federal prosecutor. You won’t get very far…)
Granted, you could expatriate, but then you’ll end up living under a foreign government, with its own set of laws and its own variety of taxes. All national governments seem to demand their Pound Of Flesh, one way or the other. Even just a cursory bit of research will show you that there are very few countries that have more firearms freedom than the United States. The U.S. is perhaps the world’s safest haven for gun owners. Yes, there are fewer gun laws in Yemen and Somalia, but I couldn’t be persuaded to live in either of those semi-anarchic Islamic countries, for other reasons — most notably the climate, the quality of life, street crime rates, and relative religious freedom. No, thanks!
Unfortunately, the United States is one of the minority of countries that taxes worldwide income. So, if you do decide to move abroad, you’ll find the only real escape from the fell clutches of the IRS is if you give up your American citizenship. That is not very appealing to me. I’d always like to have the option of moving back here, on short notice.
State and Lower Level Jurisdictions
Next, we have State laws. At this level, you have the option of Voting With Your Feet. Avoiding the “Blue” Nanny States with high taxes and a plethora of regulations, codes, and license requirements makes sense. That is immediately apparent to nearly everyone. Ideally, you should choose a state that has an unpretentious, unobtrusive, and unintrusive government. (See the book Survival Retreats and Relocation [3] for details. I co-authored that with my eldest son, Jonathan Rawles. He also recently solo-authored the two-volume Red State Relocation Guidebook [3]. Those books have a wealth of information.) The bottom line is that you’ll want to live in a state that has low taxes, lax gun laws, minimal regulations, and plenty of elbow room [4] — both physically and psychologically.
Moving down the list of jurisdictional layers, you should consider Tribal Reservation boundaries. If you were to buy land inside of a reservation, then you’d be adding a jurisdictional layer — tribal government and tribal law enforcement. Notably, that now includes tribal fish and game laws, which are generally directed at people who are not tribally enrolled.
County laws are the next consideration. Most importantly, for those of us who wish to live self-sufficiently, county building codes and permits are very important to assess. Research them before you shop for property! Some counties do not require building permits, but others do. So why choose to live in a county that does impose those, when you can simply choose to live in another county, that doesn’t? I feel blessed to live in a county that only requires a one-time septic inspection, before house construction. There is no enforced building code. (Building to code is just “recommended”, to ensure good resale value.) There are no permits required to build a house. Ditto for any construction of outbuildings, to drill a well, to build a road, or even to excavate a pond. We live free, in our county, and the vast majority of my fellow county residents want to see that continue, in perpetuity! We really love living here.
Keep in mind that zoning regulations and building codes can be applied at State, County/Parish, or City levels. This varies quite widely around the country, so do your Due Diligence before you make an offer on any property!
District laws and taxes/fees, such a sewer and water districts are another factor to consider. In some states, these regulations can extend beyond city limits. If you live inside a water district, then you may find that it is illegal to drill or dig a well on your own land. Along with that will come a monthly bill, usually with metering by the gallon. And, likewise, if you live inside of a city or county sewer district, then you may find that it is illegal to install and maintain a septic tank and a leach field. There, you must be connected to a civic sewer system, usually with a monthly or annual fee. Serious preppers like to avoid both of those. Some properties have the benefit of grandfather clauses, but often those expire whenever the land changes hands. Caveat emptor.
City Laws and Taxes
For preppers, there are huge advantages to living outside of city limits. In contrast, inside city limits, you’ll often be subject to building permits/inspection, livestock keeping limits, fuel storage restrictions, city business licenses, fertilizer/pesticide/herbicide spraying bans, timber cutting limits, parking restrictions, noise ordinances, and shooting restrictions. By the way, don’t overlook planning ahead to consider eventual expansion of city limits, especially in suburban areas. Generally, city expansion follows the path of available level ground. My advice is to live far enough “out of town” to avoid city incorporation in both your lifetime and your children’s lifetimes.
The Dreaded HOA
At the lowest level of the jurisdictional layer cake is the Homeowner’s Association (HOA). HOAs add one more layer of quasi-governmental bureaucracy, and to my mind, they are perhaps the worst form of tyranny in 21st Century America. An HOA is a petty tyranny that comes complete with a variable annual fee. An HOA’s rules can be changed by the rule of The Committee, with very little recourse, and with few (If any) exceptions or grandfather clauses. The HOA Committee is a law unto itself, and if you rebel, they wil asses s a monthly fee, until you bend to their will. Just something as simple as painting your garage door in an “unapproved” shade of brown, or parking an RV in a place that is visible from the street can get you in trouble with a HOA Committee. Needless to say, I do not recommend living inside an HOA.
Other Jurisdictional Issues
- Living near national borders. The US Border Patrol has additional assumed authority within 50 miles of a border or coastline.
- Federal land inholdings. If you buy a parcel that is landlocked within a National Forest, then you might have seasonnal access difficulties unless you have a deeded perpetual right-of-way.
- Historic areas/sites/structures. There is a new trend toward designating Historic Neighborhoods and National Heritage Areas [5]. If you live in such an area or if your house is designated “Historic” by some committee, then you might be restricted from removing it or even just remodeling it.
- Road maintenance/snowplowing cooperative agreements. Again, know before you buy.
The Thinnest Cake Possible
My general guidance is to find a place with the fewest possible jurisdictional “cake” layers. From a jurisdictional burden standpoint, I suppose that the very worst place to live would be to own a house that is on small acreage inside of an HOA, inside of city limits, inside of a tribal reservation, and in a liberal Nanny State. Visualize that Venn diagram! I recommend that you don’t live inside most of those Venn ovals, even in a fairly free State.
As Americans, we can vote with our feet. And it is wise to do so! – JWR