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To: inquest
Does it not violate the 4th to have inspections for various types of health and safety codes, such as a building inspection whenever someone wants to sell his house?

I believe one can refuse to admit the property assessor on such grounds, but then if one appeals the valuation, the only way to get your appeal heard may be to submit to such inspection.

As regards to inspections related to the exchange of real estate, since borrowed money is usually involved, the lender may make them a requirement for the mortgage. However between two willing parties and particularly without 3rd party government ( FHA, etc. ) financing, it seems the governments have no legitimate role in placing conditions on the sale.

56 posted on 04/03/2002 8:18:08 AM PST by Dukie
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To: Dukie
Re: the 4th amendment. Another hang-up for me is that states have been levying property taxes (which necessarily involve inspection) since before the Constitution was even written, and said document even gave the federal government the power to levy such taxes under certain circumstances. So I'm hesitant to automatically assume that the 4th amendment, which, along with the rest of the first 10, was pushed for by the states, actually condemned one of the mainstays of their revenue systems. My working hypothesis, then, is that the 4th amendment is only a prohibition on arbitrary executive action, not legislative acts. Care to know what you think.
61 posted on 04/03/2002 8:59:38 AM PST by inquest
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