Of course not. But, be prepared for a big tax bill as they might make a finding based on the licenses held and not reality.
We have a retired client who maintains his professional licenses. Plumber, electrician and a number of other like specialties. He does no work at all. The state keeps trying to assess income taxes because, statistically, a person with those licenses make such and so amount. County too for personal property taxes as a person with those licenses must have some inventory.
It's not that they have a right to enter, it's just it may be in the OP's best interests to let them.
if me, id cancel any license (or sign it,
(my name, all rights reserved) and would
SEND them a Notice Back, that stated, (my rebuttal), I agree to let them enter my property, for a property use fee of $500.00, etc...
i mean, its my properyt, Right? and thats what i charge for inspections w/o a warrant with supporting affidavit attached. also check out Hale v. Henkel, 201 U.S. 43(1906)
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Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states, in part:
Page 201 U. S. 44 "There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State;"
Page 201 U. S. 74 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."
Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it is not. No other Supreme Court case has ever overturned Hale v. Henkel.
None of the various issues of Hale v. Henkel have ever been overruled.
Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.
Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts.
The court can not overlook the 1600 citations wherein Hale v. Henkel has been used to assert the adherence to established precedents and not to disturb or unsettle the same. This is supported by one of the bedrock principles of our legal system is “stare decisis et non quieta movere” which, according to Black’s Law Dictionary, means “[t]o adhere to precedent and not to unsettle things which are established”. Found in Black’s Law Dictionary, Fifth Edition (1979), page 1261, citing Ballard County v. Kentucky County Debt Commission, 290 Ky. 770. (1942), 162 S.W.2d 771, 773. et al.
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I might, include a time frame for any rebutal (the notice back) to them with caveat that failure to rebut (the above info) will be recorded as an acceptance of your "offer" with automatic estoppel.
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