The Racial Wealth Gap: Heir's Property & Black Land Loss
Learn about the racial wealth gap, era-by-era:
Summary - Wikipedia
The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than 160 million acres (650 thousand km2; 250 thousand sq mi) of public land, or nearly 10 percent of the total area of the United States, was given away free to 1.6 million homesteaders; most of the homesteads were west of the Mississippi River.
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"It was never the case that a white asset-based middle class simply emerged. Rather, it was government policy, and to some extent literal government giveaways, that provided whites the finance, education, land and infrastructure to accumulate and pass down wealth."
Darrick Hamilton and Trevon Logan
The Homestead Act of 1862 (L.A. Potter, W. Schamel)
Homestead Act - Definition, Dates & Significance
Land and the roots of African-American Poverty (K.L. Merritt)
Race, Reconstruction, and Reparations (K. L. Merritt)
African American Homesteaders in the Great Plains
The Homestead Act: A Major Asset-Building Policy in American History (T. Williams)
The Land Grant System in Early Virginia
How Colonists Acquired Title to Land in Virginia
Books
Tracing Their Steps: A Memoir: (Bennett, Bernice Alexander, Bennett)
Bury My Heart at Wounded Knee: An Indian History of the American West, (Dee Brown)
Videos
1862: The Homestead Act, (Tim Wise)
The Homestead Act of 1862 contributed to the wealth gap in the U.S.
Search for Original Land Patents and Grants
Arphax - Family Maps and Texas Land Survey Maps - Genealogy History
Questions for Research and Reflection:
- Did your family acquire land patents or land grants from the 1600s - 1915? If so, how did these grants affect your family's financial status?
- Has land or real property been passed down in your family? Has the property appreciated over time?
- Enslaved people could not own property; after 1866, freedmen could apply for land grants, but less than 5% of land grants were awarded to African Americans. How does lack of land ownership affect African American net worth as we enter the 20th century?
- Does your family own land now? How and when was it acquired?
Summary - Slavery by Another Name, PBS
After the Civil War, former slaves sought jobs, and planters sought laborers. The absence of cash or an independent credit system led to the creation of sharecropping.
Sharecropping is a system where the landlord/planter allows a tenant to use the land in exchange for a share of the crop. This encouraged tenants to work to produce the biggest harvest that they could, and ensured they would remain tied to the land and unlikely to leave for other opportunities. In the South, after the Civil War, many black families rented land from white owners and raised cash crops such as cotton, tobacco, and rice. In many cases, the landlords or nearby merchants would lease equipment to the renters, and offer seed, fertilizer, food, and other items on credit until the harvest season. At that time, the tenant and landlord or merchant would settle up, figuring out who owed whom and how much
High interest rates, unpredictable harvests, and unscrupulous landlords and merchants often kept tenant farm families severely indebted, requiring the debt to be carried over until the next year or the next...
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What rent do you pay here?" I inquired. "I don't know, - what is it, Sam?" "All we make," answered Sam. It is a depressing place, - bare, unshaded, with no charm of past association, only a memory of forced human toil, - now, then, and before the war. They are not happy, these black men whom we meet throughout this region. There is little of the joyous abandon and playfulness which we are wont to associate with the plantation Negro. — W.E.B. Du Bois
Key laws and factors related to sharecropping:
1. Black Codes and Jim Crow Laws: Following the end of the Civil War, Black Codes and later Jim Crow laws in Southern states limited the economic opportunities and mobility of newly freed African Americans. These laws restricted land ownership, limited employment options, and reinforced a system that pushed many African Americans into sharecropping.
2. Crop Lien Laws: Crop lien laws, prevalent in Southern states, allowed landowners or merchants to provide credit to sharecroppers, often at high interest rates, using the anticipated crop yield as collateral. This system often resulted in indebtedness and dependency for sharecroppers.
3. Debt Peonage: Debt peonage, a practice prevalent in the South, allowed landowners or merchants to keep sharecroppers in perpetual debt by manipulating crop prices, charging inflated prices for goods, or using exploitative accounting practices.
4. Tenant Farming Acts: Some states enacted tenant farming acts to provide limited protection for sharecroppers and tenants. These laws regulated aspects such as contracts, evictions, and the rights and obligations of both landowners and sharecroppers.
5. Agricultural Adjustment Act (AAA): The Agricultural Adjustment Act of 1933, a federal law enacted during the Great Depression, aimed to support agricultural recovery. However, it often excluded sharecroppers and tenant farmers from receiving benefits, exacerbating their economic struggles.
It's important to note that sharecropping and related laws and practices were complex and varied regionally. Understanding the nuances and specific dynamics of sharecropping requires further research into state laws, local practices, and historical records from the relevant time periods and regions.
Articles
Sharecropping | Slavery By Another Name
Sharecropping Contract.pdf (gilderlehrman.org)
Sharecropping contract| NCpedia
Microsoft Word - reconstruct_formatted.doc (uh.edu)
Slavery by Another Name: The Economy of Sharecropping
Sharecropping - Definition, System & Facts
Sharecropping, Black Land Acquisition, and White Supremacy (1868-1900)
Books
The Origins of Southern Sharecropping (Edward Royce)
Revolt Among The Sharecroppers (Howard Kester)
Podcasts
American Capitalism: A History: 14.1. Sharecropping
Seal The Seasons, The History of Black Farmers
Film/Video
MOOC | Origins of Sharecropping | The Civil War and Reconstruction, 1865-1890
Lest We Forget: The Lost Story of Southern Sharecroppers
American Voices / Black America 01 - Sharecroppers
Sharecropping American History
Mary and Early Williams on Life as A Sharecropper : Voices of the Movement, Fayette County Tennessee
Sharecropper Life on a Plantation
Questions for Research and Reflection:
- If your family owned a plantation, did they engage in sharecropping agreements after emancipation? Do you have family records from this era?
- Did your family purchase or import goods from white farmers or sharecroppers?
- If your family were sharecroppers, were any stories passed down about that era? What happened?
- What are typical stipulations of sharecropping contracts? Are these arrangements fair?
- How does Black illiteracy compound the problem of sharecropping fraud?
- Does sharecropping allow Black farmers to amass wealth? Why or why not?
- How does sharecropping benefit white farmers?
Summary - Wikipedia
Heir property is a legal term in South Carolina Lowcountry in the United States for land that is owned by two or more people, usually people with a common ancestor who has died without leaving a will. It is the leading cause of involuntary land loss among African Americans.[1]
As a general rule, heir property is rural land owned by African Americans who either purchased or were deeded land after the American Civil War.[2][3] When the land owner died, rather than using the formal system of taking a will and testament to the probate courts to ensure that the land was passed down to the landowners' children, the property was handed down informally. In this system, the land is held in common.[4] After several generations, it can be difficult to determine who the legal owners are, and the legal owners might not have paid their share of taxes, lived on the land, or helped maintain it.[4]
Here is a partial list of Heir's Property Laws, along with the state and date of enactment, and the consequences they have had on Black landowners:
1. Louisiana Heirship Law (1805): Enacted in Louisiana, this law introduced the concept of forced heirship, which required equal inheritance among heirs. While initially intended to protect family land ownership, it had unintended consequences for Black landowners, often leading to undivided and collectively owned property, making it difficult to secure financing or sell the land.
2. South Carolina Partition Law (1868): The Partition Law in South Carolina allowed for the division of jointly owned property among heirs. However, due to historical inequalities and limited access to legal representation, Black landowners often faced challenges in defending their rights and protecting their interests, resulting in the loss of land through forced sales or auctions.
3. Georgia's 1867 Homestead Exemption Law: Although not specific to heir's property, this law provided a homestead exemption to protect a certain amount of property from creditors. However, the exemption did not apply to land that was jointly owned, impacting Black landowners who often held property collectively and leading to the loss of ancestral land due to debts or foreclosure.
4. Uniform Partition of Heirs Property Act (UPHPA): The UPHPA is not a specific state law but a model law that several states have enacted to address the issues surrounding heir's property. As of September 2021, 18 states have enacted versions of the UPHPA. The consequences of not having such laws in place include the vulnerability of Black landowners to forced sales, lack of clear title, and potential loss of land due to partition actions.
It's important to note that these are just a few examples, and the consequences faced by Black landowners can vary from state to state depending on specific laws, historical context, and access to legal resources. Heir's property laws have often disproportionately affected Black landowners, leading to land loss, limited economic opportunities, and challenges in accessing resources such as loans and government assistance programs.
Articles
Sewage Crisis in Alabama’s Black Belt Spawns Complaint - Capital B (capitalbnews.org)
Juneteenth reminds us of the lingering inequities surrounding ‘heirs’ property’ | The Hill
Black Lands Matter: The Movement to Transform Heirs’ Property Laws
Heirs' Property - Farmland Access Legal Toolkit
The reality of Black land loss
Eminent Domain | Wex | US Law | LII / Legal Information Institute
The Truth Behind '40 Acres and a Mule' | African American History Blog
Chronology | Harris Neck Land Trust
New Laws Help Rural Black Families Fight for Their Land
National farm groups push for increased Black land ownership
Books
Heirs' Property in the African American Community (Anderson Jones)
Wandering in Strange Lands: A Daughter of the Great Migration Reclaims Her Roots (Morgan Jerkins)
Podcasts
Special Edition Podcast: Heirs' Property - Federal Reserve Bank of Atlanta
Land Speculators Are Legally Forcing Black Southerners Off Family Land
Film/Video
The Biggest Problem You've Never Heard Of - Examining Heirs Property and Black Property Loss
Hicks Family Preserve - A Heirs Property Case Study
What is Heirs Property Law? | Lewis on the Law
How Property Law Is Used to Appropriate Black Land
Americans: Many Rivers to Cross
Websites
Center for Heirs Property Preservation | South Carolina
Center for Heirs Property Preservation | South Carolina
Our Work - Reparations Project
Georgia Heirs Property Law Center
Questions for Research and Reflection:
- How have white farmers and developers taken advantage of Black owners of heirs' property?
- How does owning heirs' property affect intergenerational Black wealth?
- How does the limited access to financial and real estate education affect Black property retention in the south?
- How does the loss of Black farmland benefit white farmers? Corporations?
"It was never the case that a white asset-based middle class simply emerged. Rather, it was government policy, and to some extent literal government giveaways, that provided whites the finance, education, land and infrastructure to accumulate and pass down wealth."