What is heirs’ property? A huge contributor to Black land loss you might not have heard of.
Untold numbers of Black Americans became landowners following the Civil War when the government handed over some 20 million acres, mostly in the South, under the Homestead Act. Three years later, Union General William Sherman promised formerly enslaved people “40 acres and a mule.” (President Andrew Johnson rescinded that, though.) By 1920, Black families
owned 14 percent of all farmland in the U.S., a figure that’s
fallen to less than 2 percent today.
Heirs’ property played no small part in this loss. The first generation of Black landowners who died in the early 20th century often left their property to children and spouses through informal transfers. Those parcels continued changing hands, often with the original landowner’s name still listed on the deed, which made proving ownership increasingly difficult as the years went on.
Much of the land loss has occurred since 1961, when the Kennedy Administration established a USDA loan program to assist farmers. The program was administered by locally elected authorities who often denied loans to disenfranchised Black farmers, particularly if they could not prove ownership. (They also granted far more generous terms to white farmers.) Even now, folks who can’t prove ownership are denied farming loans, foreclosure protection, and disaster relief. Predatory developers can use legislative loopholes like the Torrens Act to buy one heir’s interest and force land sales in court.
Advocates are working to right a major injustice that has implications for both landowners and the climate.
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