The new multifamily buildings in your neighborhood actually slow displacement.
” . . . That discussionof gentrification is instead frequently diverted to what the buildings look like is a massive coup on behalf of existing property owners. Those current owners often want to maintain aesthetic control, sometimes as a means ofblocking new homes from being built (experts have found that historic preservation is often weaponized to prevent new, more affordable housing options).
It is fine to dislike the way a home looks; not all art is for everyone. But the convergence of aesthetic preferences and physical displacement under the same “gentrification” banner only serves to maintain the current system of housing development, one that has made housing prohibitively expensive for many Americans anddisplaced people under countless different architectural styles.
The problem with this conflation became clear when I looked into the building depicted in the aforementioned Camden TikTok video. Branch Village isn’t a “gentrification building.” It’s actually an affordable housing project funded in part by low-income housing tax credits. According to the Courier-Post, the project’s second phase included the construction of 75 townhomes, all of which “will be considered affordable, accessible to those making less than 80 percent of the area’s median income.” Per an affordable housing database, the development now has 245 units.
Despite the primary concern of gentrification usually being the displacement of low-income residents, the top two comments on the Camden video, which collectively received 76,000 “likes,” were stylistic complaints: “why is it ALWAYS h&r block green, and “they really had to pick the worst colors didn’t they?”
This is common in gentrification discourse. People want to use a word that evokes visuals of marginalized communities being displaced, either through evictions, rising prices, or even violent displacement. But, after prodding, the actual concern is artistic. The rhetorical sleight of hand is not always intentional. For many, the concepts of “new, modern buildings” and “displacement” have simply become inextricable. But the confusion around how the word gentrification is being used has real policy consequences: If people believe that new buildings work against housing affordability, they will oppose the very policies necessary to solve the nation’s housing affordability crisis . . .”
As a young housing activist about a decade ago, Jesse Kanson-Benanav started to notice that many liberal residents of Cambridge were hostile to integration. Whenever a developer proposed a few units of affordable housing, white homeowners would line up in opposition, citing concerns about parking or residential “character.” Although they said they valued diversity, they worked tirelessly to thwart the developments that would actually make it more feasible for Black and brown families to move into their neighborhoods.
“It really struck me as out of step with the image that Cambridge purports as a progressive and welcoming community,” he said.
Kanson-Benanav, now the president of Abundant Housing Massachusetts, recently thought of those Boston-area liberals when a friend sent him a photo of a lawn in Newton with three yard signs. Two pushed back against affordable housing projects, reading: “Right Size Newton” and “Right Size Riverside.” The third sign said, “Black Lives Matter.”
Increasing the housing supply for Black Americans would be one of the quickest and most effective ways to bring about a more just society. Even now, the legacies of “red-lining” and other forms of segregation, predatory lending, and housing discrimination continue to push many Black Americans away from wealthier, better-schooled neighborhoods. But efforts to fix this problem by building affordable housing in suburban communities and affluent parts of cities have often been met with anger from white residents worried about “density” and “crowding.” White progressives in particular have a long history of refusing to integrate their communities, even as they vocally support civil rights movements.
At a time when the Black Lives Matter movement has record levels of support, large, even majority-white crowds have gathered in cities across America to call for the end of systemic racism and police brutality. To achieve real equity, though, white allies will have to move beyond symbolic displays of solidarity and actually help Black Americans get into their neighborhoods.
ONE OF OUR great societal myths is that Black and white neighborhoods are separate because Americans like to live alongside people with shared backgrounds or because poor and rich people pick the neighborhoods they can afford. The reality is that federal and local governments segregated communities through elaborate feats of social engineering.
In the 1940s and ’50s, the federal government created the suburbs by insuring home mortgages and offering subsidies to developers who mass produced single-family homes. As a result, suburban subdivisions began to sell at rates easily affordable to Black and white Americans alike. But the Federal Housing Administration incentivized developers to keep the suburbs white-only, refusing to grant loans unless there were physical barriers between people of different races, such as highways and, in at least one instance, an actual wall. Oftentimes, Black Americans were explicitly barred from suburban homeownership by leases that forbid renting or selling to “any person other than members of the Caucasian race.” The federal Public Works Administration even went so far as to purposely segregate previously integrated neighborhoods, building separate housing projects for Black and white families and listing each development’s racial designation. These programs concentrated Black Americans in poverty-stricken areas without easy access to jobs, health care, or transportation.
After the Supreme Court deemed segregation unconstitutional in a series of cases, white cities and suburbs fought to maintain the old layouts anyway, passing local zoning restrictions that served to prevent Black Americans from moving into their communities. Since the restrictions had to appear race-neutral to be legal, they relied on economic means to keep out Black Americans, who had not accumulated wealth at the same rate as whites because of segregationist housing programs. Zoning requirements typically enforced minimum lot sizes or forbid developers from building low-income housing in all-white neighborhoods, rendering homes in those communities unaffordable to Black buyers and renters. Many of these same ordinances continue to ensure that Black and white Americans remain separate and unequal.
The effects have been disastrous. Effectively barred from high-quality housing, Black Americans stayed renters, often in economically depressed areas, while white Americans gained hundreds of thousands of dollars in equity as their homes appreciated in value. As Richard Rothstein writes in his book “The Color of Law,” the modern wealth gap between Black and white households is entirely attributable to this difference. As of 2016, the median Black family had only 8.7 percent as much wealth as the median white family. In the greater Boston area, the median net worth of non-immigrant African American households was $8 in 2015, while the median net worth of white households was $247,500. Housing inequality has also limited educational opportunities for Black children by concentrating them in the same underfunded schools, contributed to mass incarceration and police brutality by ghettoizing Black Americans in over-surveilled neighborhoods, and even shortened Black life expectancies by placing Black people in polluted areas with poor access to medical care.
What this means is that there is an obvious contradiction between supporting social justice movements and trying to maintain the segregated system behind almost every modern racial disparity. “When you talk about preserving the character of a community that exists because of oftentimes intentional racist exclusion, you’re really perpetuating the white supremacy that post-World War II suburban expansion was built upon,” said Kanson-Benanav.
But even in an era of heightened racial consciousness, efforts to undo exclusionary zoning or build low-income housing in white neighborhoods tend to trigger fierce backlashes. Adriane Musgrave, a former candidate for the Cambridge City Council, still remembers meeting a woman who talked enthusiastically about wanting to empower the Black community but quickly grew hostile at the mention of the Frost Terrace apartments, an affordable housing development under construction near Porter Square. The woman claimed that she was planning to leave the area once the apartments were built because they were going to “ruin the neighborhood” and “bring drugs and loud music.”
Musgrave had previously been booed, hissed, and berated for speaking in favor of public housing, but the encounter with the woman still shocked her. “I’m sure she thinks she’s super progressive,” Musgrave said. “But she didn’t want to live next to lower-income people of color.”
André Leroux, founder of the Great Neighborhoods Program, a network of advocates for affordable housing and zoning reform, believes that most white progressives are able to hold these contradictory stances because they simply lack historical knowledge. “I think a lot of people are not aware of the history of segregation and how our communities became segregated through housing and zoning policies and planning,” Leroux said. “People just assume that this is the way that it is.”
Another reason housing reform has failed to gain momentum is that white residents want the physical characteristics of their neighborhoods to remain the same. Many of them worry that new developments will ruin the qualities that attracted them to low-density areas in the first place: the wide open spaces, the greenery, the direct sunlight, the easy parking. It’s easy to understand why homeowners would want to hold onto these benefits, but the problem is that they are almost always maintained at the expense of other people who don’t have the privilege of choosing where and how they live. As Brookline Select Board Member Raul Fernandez put it, “All of those creature comforts are more important to [homeowners] than someone else’s ability to be able to afford to live in whatever condition that is.”
The irony is that the vast majority of affordable housing developments exist free of controversy after they get built. Most of them have little to no effect on crime rates and property values, and long-term residents eventually forget about the toxic political fights they generated. “After these drawn out battles, the lawsuits, the yelling, there’s not a peep about it,” Leroux said. “People just move on.”
HOUSING ACTIVISM IN the North was a prominent but lesser-known part of Martin Luther King Jr.‘s campaign for racial justice. In 1966, King held a march in Chicago to demand that the city allow Black residents to buy homes in all-white neighborhoods. As the protesters crossed Marquette Park, they encountered a white mob that pelted them with projectiles, one of which struck King in the head. He would later claim that he had never faced “mobs as hostile and as hate-filled” as in Chicago. He added: “Many whites who opposed open housing would deny that they are racists.”
Building off King’s legacy, Black Lives Matter has been trying to link affordable housing to racial equality for years with limited success. But as the movement gathers momentum, activists are hoping that real change is finally on the horizon. “I don’t think wealthy, educated white liberals can play ignorant any longer,” said Stacy Thompson, executive director of Liveable Streets Alliance. “There’s just so much data.”
It’s not clear whether the recent protest movement has had any tangible effects on debates over whether to build more housing in the suburbs. Some activists, like Beyazmin Jimenez, a board member of Kanson-Benanav’s organization, Abundant Housing Massachusetts, told me that the current racial climate has been an “awakening” for many white homeowners. “They’re now asking questions like, ‘Educate me. What are the policies that have led to our city being so segregated?’” she said. As an example, Jimenez cited the town of Hamilton, Mass., previously a hotbed of anti-affordable housing sentiment, which began to hold conversations around fair housing after the George Floyd protests.
Others, however, said that they haven’t seen sufficient evidence that the surge of racial awareness among white Americans has carried over into housing policy. “I don’t think enough people have made the connection yet,” says Jarred Johnson, also a board member at Abundant Housing Massachusetts. Adriane Musgrave told me that she is “not optimistic at all” that newly enlightened white liberals will bring about meaningful reform on the issue.
Their main fear is that the white homeowners supporting Black Lives Matter will abandon the movement once it begins to make material demands on their neighborhoods — just as many white liberals abandoned King in the ’60s. Although many northerners supported King in his campaign to desegregate the South, they quickly grew antagonistic when he shifted his attention to the racist housing policies in their own communities. By the time of his assassination, he had grown increasingly unpopular with the white liberals who had once heralded his activism. “People with privilege are comfortable signing a statement, are comfortable calling someone else racist, but that’s different than the long hard work of transforming a policy,” said Thompson.
There have already been worrisome signs that history is repeating itself. In June, the CT Mirror reported, the residents of Weston, Conn., marched through the town in solidarity with Black Lives Matter, chanting slogans and raising placards. Weston’s elected officials urged the overwhelmingly white crowd to fight systemic racism and examine their personal biases. Eight days later, those same officials voted unanimously to adopt a housing plan promoting the development of two-acre single-family homes. The town’s median sale price of $668,000 seems unlikely to dip. Weston is only 1.4 percent Black.
More tests of this new civil rights movement will occur at the local and state levels as white liberals are once again called upon to integrate their communities. President Trump grasps this, which is why he’s been tweeting lately that “suburban dreams” are endangered by the prospect of more low-income housing coming to prosperous communities. Essentially, Trump is goading suburbanites to weigh their fear of affordable housing against their commitments to racial justice, and he’s betting that white people will fall back on standard operating procedure.
Indeed, without an obvious boogeyman like a murderous cop to condemn, white allies will have to ask themselves if they are truly willing to make the compromises necessary to alleviate racial injustice. This would entail the elimination of single-family zoning, a receptiveness to building affordable developments, and increased tenant protections for low-income residents. In practice, it would look like Minneapolis — which recently reformed its zoning code to allow taller buildings with more units in areas that previously contained only single-family homes — or Newton, which just voted to approve the affordable Northland development after a contentious and drawn-out debate.
Jarred Johnson, one of the activists with Abundant Housing Massachusetts, told me that increasing levels of support for policies like defunding the police have made him cautiously optimistic about the prospect of substantive housing reform. “I wouldn’t underestimate the capacity of folks to change their minds,” he said. “I do think there’s a capacity for change. And hopefully when they have that light turned on them, they’ll respond in a positive way. I get it. It’s hard. Change is hard. But it’s essential.”
Their Family Bought Land One Generation After Slavery.
The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.
By Lizzie PresserPhotography by Wayne Lawrence
This story was co-published with The New Yorker.
ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive stories like this one in your inbox as soon as they are published.
IN THE SPRING OF 2011, the brothers Melvin Davis and Licurtis Reels were the talk of Carteret County, on the central coast of North Carolina. Some people said that the brothers were righteous; others thought that they had lost their minds. That March, Melvin and Licurtis stood in court and refused to leave the land that they had lived on all their lives, a portion of which had, without their knowledge or consent, been sold to developers years before. The brothers were among dozens of Reels family members who considered the land theirs, but Melvin and Licurtis had a particular stake in it. Melvin, who was 64, with loose black curls combed into a ponytail, ran a club there and lived in an apartment above it. He’d established a career shrimping in the river that bordered the land, and his sense of self was tied to the water. Licurtis, who was 53, had spent years building a house near the river’s edge, just steps from his mother’s.
Their great-grandfather had bought the land a hundred years earlier, when he was a generation removed from slavery. The property — 65 marshy acres that ran along Silver Dollar Road, from the woods to the river’s sandy shore — was racked by storms. Some called it the bottom, or the end of the world. Melvin and Licurtis’ grandfather Mitchell Reels was a deacon; he farmed watermelons, beets and peas, and raised chickens and hogs. Churches held tent revivals on the waterfront, and kids played in the river, a prime spot for catching red-tailed shrimp and crabs bigger than shoes. During the later years of racial-segregation laws, the land was home to the only beach in the county that welcomed black families. “It’s our own little black country club,” Melvin and Licurtis’ sister Mamie liked to say. In 1970, when Mitchell died, he had one final wish. “Whatever you do,” he told his family on the night that he passed away, “don’t let the white man have the land.”
Mitchell didn’t trust the courts, so he didn’t leave a will. Instead, he let the land become heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. The practice began during Reconstruction, when many African Americans didn’t have access to the legal system, and it continued through the Jim Crow era, when black communities were suspicious of white Southern courts. In the United States today, 76% of African Americans do not have a will, more than twice the percentage of white Americans.
Many assume that not having a will keeps land in the family. In reality, it jeopardizes ownership. David Dietrich, a former co-chair of the American Bar Association’s Property Preservation Task Force, has called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.” Heirs’ property is estimated to make up more than a third of Southern black-owned land — 3.5 million acres, worth more than $28 billion. These landowners are vulnerable to laws and loopholes that allow speculators and developers to acquire their property. Black families watch as their land is auctioned on courthouse steps or forced into a sale against their will.
Between 1910 and 1997, African Americans lost about 90% of their farmland. This problem is a major contributor to America’s racial wealth gap; the median wealth among black families is about a tenth that of white families. Now, as reparations have become a subject of national debate, the issue of black land loss is receiving renewed attention. A group of economists and statisticians recently calculated that, since 1910, black families have been stripped of hundreds of billions of dollars because of lost land. Nathan Rosenberg, a lawyer and a researcher in the group, told me, “If you want to understand wealth and inequality in this country, you have to understand black land loss.”
By the time of Melvin and Licurtis’ hearing in 2011, they had spent decades fighting to keep the waterfront on Silver Dollar Road. They’d been warned that they would go to jail if they didn’t comply with a court order to stay off the land, and they felt betrayed by the laws that had allowed it to be taken from them. They had been baptized in that water. “You going to go there, take my dreams from me like that?” Licurtis asked on the stand. “How about it was you?”
They expected to argue their case in court that day. Instead, the judge ordered them sent to jail, for civil contempt. Hearing the ruling, Melvin handed his 83-year-old mother, Gertrude, his flip phone and his gold watch. As the eldest son, he had promised relatives that he would assume responsibility for the family. “I can take it,” he said. Licurtis looked at the floor and shook his head. He had thought he’d be home by the afternoon; he’d even left his house unlocked. The bailiff, who had never booked anyone in civil superior court, had only one set of handcuffs. She put a cuff on each brother’s wrist, and led them out the back door. The brothers hadn’t been charged with a crime or given a jury trial. Still, they believed so strongly in their right to the property that they spent the next eight years fighting the case from jail, becoming two of the longest-serving inmates for civil contempt in U.S. history.
LAND WAS AN IDEOLOGICAL PRIORITY for black families after the Civil War, when nearly 4 million people were freed from slavery. On Jan. 12, 1865, just before emancipation, the Union Army Gen. William Tecumseh Sherman met with 20 black ministers in Savannah, Georgia, and asked them what they needed. “The way we can best take care of ourselves is to have land,” their spokesperson, the Rev. Garrison Frazier, told Sherman. Freedom, he said, was “placing us where we could reap the fruit of our own labor.” Sherman issued a special field order declaring that 400,000 acres formerly held by Confederates be given to African Americans — what came to be known as the promise of “40 acres and a mule.” The following year, Congress passed the Southern Homestead Act, opening up an additional 46 million acres of public land for Union supporters and freed people.
The promises never materialized. In 1876, near the end of Reconstruction, only about 5% of black families in the Deep South owned land. But a new group of black landowners soon established themselves. Many had experience in the fields, and they began buying farms, often in places with arid or swampy soil, especially along the coast. By 1920, African Americans, who made up 10% of the population, represented 14% of Southern farm owners.
A white-supremacist backlash spread across the South. At the end of the 19th century, members of a movement who called themselves Whitecaps, led by poor white farmers, accosted black landowners at night, beating them or threatening murder if they didn’t abandon their homes. In Lincoln County, Mississippi, Whitecaps killed a man named Henry List, and more than 50 African Americans fled the town in a single day. Over two months in 1912, violent white mobs in Forsyth County, Georgia, drove out almost the entire black population — more than a thousand people. Ray Winbush, the director of the Institute for Urban Research, at Morgan State University, told me, “There is this idea that most blacks were lynched because they did something untoward to a young woman. That’s not true. Most black men were lynched between 1890 and 1920 because whites wanted their land.”
By the second half of the 20th century, a new form of dispossession had emerged, officially sanctioned by the courts and targeting heirs’ property owners without clear titles. These landowners are exposed in a variety of ways. They don’t qualify for certain Department of Agriculture loans to purchase livestock or cover the cost of planting. Individual heirs can’t use their land as collateral with banks and other institutions, and so are denied private financing and federal home-improvement loans. They generally aren’t eligible for disaster relief. In 2005, Hurricane Katrina laid bare the extent of the problem in New Orleans, where 25,000 families who applied for rebuilding grants had heirs’ property. One Louisiana real-estate attorney estimated that up to $165 million of recovery funds were never claimed because of title issues.
Heirs are rarely aware of the tenuous nature of their ownership. Even when they are, clearing a title is often an unaffordable and complex process, which requires tracking down every living heir, and there are few lawyers who specialize in the field. Nonprofits often pick up the slack. The Center for Heirs’ Property Preservation, in South Carolina, has cleared more than 200 titles in the past decade, almost all of them for African-American families, protecting land valued at nearly $14 million. Josh Walden, the center’s chief operating officer, told me that it had mapped out a hundred thousand acres of heirs’ property in South Carolina. He said that investors hoping to build golf courses or hotels can target these plots. “We had to be really mindful that we didn’t share those maps with anyone, because otherwise they’d be a shopping catalogue,” he told me. “And it’s not as if it dries up. New heirs’ property is being created every day.”
Through interviews and courthouse records, I analyzed more than three dozen cases from recent years in which heirs’ property owners lost land — land that, for many of them, was not only their sole asset but also a critical part of their heritage and their sense of home. The problem has been especially acute in Carteret County. Beaufort, the county seat, was once the site of a major refugee camp for freed people. Black families eventually built homes near where the tents had stood. But in the 1970s the town became a tourist destination, with upscale restaurants, boutiques, and docks for yachts. Real-estate values surged, and out-of-town speculators flooded the county. David Cecelski, a historian of the North Carolina coast, told me, “You can’t talk to an African-American family who owned land in those counties and not find a story where they feel like land was taken from them against their will, through legal trickery.”
BEAUFORT IS A QUAINT TOWN, lined with coastal cottages and Colonial homes. When I arrived, last fall, I drove 20 miles to Silver Dollar Road, where Melvin and Licurtis’ family lives in dozens of trailers and wood-panelled houses, scattered under pine and gum trees.
Melvin and Licurtis’ mother, Gertrude, greeted me at her house and led me into her living room, where porcelain angels lined one wall. Gertrude is tough and quiet, her high voice muffled by tobacco that she packs into her cheek. People call her Mrs. Big Shit. “It’s because I didn’t pay them no mind,” she told me. The last of Mitchell Reels’ children to remain on the property, she is the family matriarch. Grandchildren, nieces and nephews let themselves into her house to pick up mail or take out her trash. Around dinnertime on the day I was there, the trickle of visitors turned into a crowd. Gertrude went into the kitchen, coated fish fillets with cornmeal and fried them for everyone.
Her daughter Mamie told me that Melvin and Licurtis had revelled in the land as kids, playing among the inky eels and conch shells. In the evenings, the brothers would sit on the porch with their cousins, a rag burning to keep the mosquitoes away. On weekends, a pastor strode down the dirt street, robed in white, his congregants singing “Wade in the Water.” Licurtis was a shy, humble kid who liked working in the cornfields. Melvin was his opposite. “When the school bus showed up, when he come home, the crowd would come with him and stay all night,” Gertrude said. When Melvin was 9, he built a boat from pine planks and began tugging it along the shore. A neighbor offered to teach him how to shrimp, and, in the summer, Melvin dropped nets off the man’s trawler. He left school in the 10th grade; his catch was bringing in around a thousand dollars a week. He developed a taste for sleek cars, big jewelry and women, and started buying his siblings Chuck Taylors and Timberlands.
Gertrude was the administrator of the estate. She’d left school in the eighth grade and wasn’t accustomed to navigating the judicial system, but after Mitchell’s death she secured a court ruling declaring that the land belonged to his heirs. The judgment read, “The surviving eleven (11) children or descendants of children of Mitchell Reels are the owners of the lands exclusive of any other claim of any one.”
In 1978, Gertrude’s uncle Shedrick Reels tried to carve out for himself the most valuable slice of land, on the river. He used a legal doctrine called adverse possession, which required him to prove that he had occupied the waterfront for years, continuously and publicly, against the owners’ wishes. Shedrick, who went by Shade and worked as a tire salesman in New Jersey, hadn’t lived on Silver Dollar Road in 27 years. But he claimed that “tenants” had stood in for him — he had built a house on the waterfront in 1950, and relatives had rented it or run it as a club at various times since. Some figured that it was Shade’s land. He also produced a deed that his father, Elijah, had given him in 1950, even though Mitchell, another of Elijah’s sons, had owned the land at the time.
Shade made his argument through an obscure law called the Torrens Act. Under Torrens, Shade didn’t have to abide by the formal rules of a court. Instead, he could simply prove adverse possession to a lawyer, whom the court appointed, and whom he paid. The Torrens Act has long had a bad reputation, especially in Carteret. “It’s a legal way to steal land,” Theodore Barnes, a land broker there, told me. The law was intended to help clear up muddled titles, but, in 1932, a law professor at the University of North Carolina found that it had been co-opted by big business. One lawyer said that people saw it as a scheme “whereby rich men could seize the lands of the poor.” Even Shade’s lawyer, Nelson Taylor, acknowledged that it was abused; he told me that his own grandfather had lost a 50-acre plot to Torrens. “First time he knew anything about it was when somebody told him that he didn’t own it anymore,” Taylor said. “That was happening more often than it ever should have.”
Mitchell’s kids and grandkids were puzzled that Shade’s maneuver was legal—they had Mitchell’s deed and a court order declaring that the land was theirs. And they had all grown up on that waterfront. “How can they take this land from us and we on it?” Melvin said. “We been there all our days.” Gertrude’s brother Calvin, who handled legal matters for the family, hired Claud Wheatly III, the son of one of the most powerful lawyers in town, to represent the siblings at a Torrens hearing about the claim. Gertrude, Melvin and his cousin Ralphele Reels, the only surviving heirs who attended the hearing, said that they left confident that the waterfront hadn’t gone to Shade. “No one in the family thought at the end of the day that it was his land and we were going to walk away from it forever,” Ralphele told me.
Wheatly told me a different story. In his memory, the Torrens hearing was chaotic, but the heirs agreed to give Shade, who has since died, the waterfront. When I pressed Wheatly, he conceded that not all the heirs liked the outcome, but he said that Calvin had consented. “I would have been upset if Calvin had not notified them, because I generally don’t get involved in those things without having a family representative in charge,” he told me. He said that he never had a written agreement with Calvin — just a conversation. (Calvin died shortly after the hearing.) The lawyer examining Shade’s case granted him the waterfront, and Wheatly signed off on the decision. The Reels family, though it didn’t yet know it, had lost the rights to the land on the shoreline.
Licurtis had set up a trailer near the river a couple of years earlier, in 1977. He was working as a brick mason and often hosted men from the neighborhood for Budweiser and beans in the evenings. Melvin had become the center of a local economy on the shore. He taught the men how to work the water, and he paid the women to prepare his catch, pressing the soft crevice above the shrimps’ eyes and popping off their heads. He had a son, Little Melvin, and in the summers his nephews and cousins came to the beach, too. One morning, he took eight of them out on the water and then announced that he’d made a mistake: only four were allowed on the boat. He threw them overboard one by one. “We’re thinking, We’re gonna drown,” one cousin told me. “And he jumps off the boat with us and teaches us how to swim.”
In 1982, Melvin and Gertrude received a trespassing notice from Shade. They took it to a lawyer, who informed them that Shade now legally owned a little more than 13 acres of the 65-acre plot. The family was stunned, and suspicious of the claim’s validity. Many of the tenants listed to prove Shade’s continuous possession were vague or unrecognizable, like “Mitchell Reels’ boy,” or “Julian Leonard,” whom Gertrude had never heard of. (She had a sister named Julia and a brother named Leonard but no memory of either one living on the waterfront.) The lawyer who granted the land to Shade had also never reported the original court ruling that Gertrude had won, as he should have done.
Shade’s ownership would be almost impossible to overturn. There’s a one-year window to appeal a Torrens decision in North Carolina, and the family had missed it by two years. Soon afterward, Shade sold the land to developers.
THE REELSES KNEW that if condos or a marina were built on the waterfront the remaining 50 acres of Silver Dollar Road could be taxed not as small homes on swampy fields but as a high-end resort. If they fell behind on the higher taxes, the county could auction off their property. “It would break our family right up,” Melvin told me. “You leave here, you got no more freedom.”
This kind of tax sale has a long history in the dispossession of heirs’ property owners. In 1992, the NAACP accused local officials of intentionally inflating taxes to push out black families on Daufuskie, a South Carolina sea island that has become one of the hottest real-estate markets on the Atlantic coast. Property taxes had gone up as much as 700% in a single decade. “It is clear that the county has pursued a pattern of conduct that disproportionately displaces or evicts African-Americans from Daufuskie, thereby segregating the island and the county as a whole,” the NAACP wrote to county officials. Nearby Hilton Head, which as recently as two decades ago comprised several thousand acres of heirs’ property, now, by one estimate, has a mere 200 such acres left. Investors fly into the county each October to bid on tax-delinquent properties in a local gymnasium.
In the upscale town of Summerville, South Carolina, I met Wendy Reed, who, in 2012, was late paying $83.81 in taxes on the lot she had lived on for nearly four decades. A former state politician named Thomas Limehouse, who owned a luxury hotel nearby, bought Reed’s property at a tax sale for $2,000, about an eighth of its value. Reed had a year to redeem her property, but, when she tried to pay her debt, officials told her that she couldn’t get the land back, because she wasn’t officially listed as her grandmother’s heir; she’d have to go through probate court. Here she faced another obstacle: heirs in South Carolina have 10 years to probate an estate after the death of the owner, and Reed’s grandmother had died 30 years before. Tax clerks in the county estimate that each year they send about a quarter of the people who try to redeem delinquent property to probate court because they aren’t listed on the deed or named by the court as an heir. Limehouse told me, “To not probate the estate and not pay the taxes shouldn’t be a reason for special dispensation. When you let things go, you can’t blame the county.” Reed has been fighting the case in court since 2014. “I’m still not leaving,” she told me. “You’ll have to pack my stuff and put me off.”
FOR YEARS, the conflict on Silver Dollar Road was dormant, and Melvin continued expanding his businesses. Each week, Gertrude packed two-pound bags of shrimp to sell at the farmers’ market, along with petunias and gardenias from her yard. Melvin was also remodelling a night club, Fantasy Island, on the shore. He’d decked it out with disco lights and painted it white, he said, so that “on the water it would shine like gold.”
The majority of the property remained in the family, including the land on which Gertrude’s house stood. But Licurtis had been building a home in place of his trailer on the contested waterfront. “It was the most pretty spot,” he told me. “I’d walk to the water, and look at my yard, and see how beautiful it was.” He’d collected the signatures of other heirs to prove that he had permission, and registered a deed.
When real-estate agents or speculators came to the shore, Melvin tried to scare them away. A developer told me that once, when he showed the property to potential buyers, “Melvin had a roof rack behind his pickup, jumped out, snatched a gun out.” It wasn’t the only time that Melvin took out his rifle. “You show people that you got to protect yourself,” he told me. “Any fool who wouldn’t do that would be crazy.” His instinct had always been to confront a crisis head on. When hurricanes came through and most people sought higher ground, he’d go out to his trawler and steer it into the storm.
The Reels family began to believe that there was a conspiracy against them. They watched Jet Skis crawl slowly past in the river and shiny SUVs drive down Silver Dollar Road; they suspected that people were scouting the property. Melvin said that he received phone calls from mysterious men issuing threats. “I thought people were out to get me,” he said. Gertrude remembers that, one day at the farmers’ market, a white customer sneered that she was the only thing standing in the way of development.
In 1986, Billie Dean Brown, a partner at a real-estate investment company called Adams Creek Associates, had bought Shade’s waterfront plot sight unseen to divide and sell. Brown was attracted to the strength of the Torrens title, which he knew was effectively incontrovertible. When he discovered that Melvin and Licurtis lived on the property, he wasn’t troubled. Brown was known among colleagues as Little Caesar — a small man who finished any job he started. In the early 2000s, he hired a lawyer: Claud Wheatly III. The man once tasked with protecting the Reels family’s land was now being paid to evict them from it. Melvin and Licurtis saw Wheatly’s involvement as a clear conflict of interest. Their lawyers tried to disqualify Wheatly, arguing that he was breaching confidentiality and switching sides, but the judge denied the motions.
Earlier this year, I met Wheatly in his office, a few blocks from the county courthouse. Tall and imposing, he has a ruddy face and a teal-blue stare. We sat under the head of a stuffed warthog, and he chewed tobacco as we spoke. He told me that he had no confidential information about the Reelses, and that he’d never represented Melvin and Licurtis; he’d represented their mother and her siblings. “Melvin won’t own one square inch until his mother dies,” he said.
In 2004, Wheatly got a court order prohibiting the brothers from going on the waterfront property. The Reels family began a series of appeals and filings asking for the decree to be set aside, but judge after judge ruled that the family had waited too long to contest the Torrens decision.
Licurtis didn’t talk about the case, and tried to hide his stress. But, Mamie told me, “you could see him wearing it.” Occasionally, she would catch a glimpse of him pacing the road early in the morning. When he first understood that he could face time in jail for remaining in his house, he tried removing the supports underneath it, thinking that he could hire someone to wrench the foundation from the mud and move it elsewhere. Gertrude wouldn’t allow him to go through with it. “You’re not going with the house nowhere,” she told him. “That’s yours.”
At 4 a.m. on a spring day in 2007, Melvin was asleep in his apartment above the club when he heard a boom, like a crash of thunder. He went to the shore and found that his trawler, named Nancy J., was sinking. Yellow plastic gloves, canned beans and wooden crab boxes floated in the water. There was a large hole in the hull, and Melvin realized that the boom had been an explosion. He filed a report with the sheriff’s office, but it never confirmed whether an explosive was used or whether it was an accident, and no charges were filed. Melvin began to wake with a start at night, pull out his flashlight, and scan the fields for intruders.
By the time of the brothers’ hearing in 2011, Melvin had lost so much weight that Licurtis joked that he could store water in the caverns by his collarbones. The family had come to accept that the dispute wasn’t going away. If the brothers had to go to jail, they would. Even after the judge in the hearing found them guilty of civil contempt, Melvin said, “I ain’t backing down.” Licurtis called home later that day. “It’ll be all right,” he told Gertrude. “We’ll be home soon.”
ONE OF THE MOST PERNICIOUS legal mechanisms used to dispossess heirs’ property owners is called a partition action. In the course of generations, heirs tend to disperse and lose any connection to the land. Speculators can buy off the interest of a single heir, and just one heir or speculator, no matter how minute his share, can force the sale of an entire plot through the courts. Andrew Kahrl, an associate professor of history and African-American studies at the University of Virginia, told me that even small financial incentives can have the effect of turning relatives against one another, and developers exploit these divisions. “You need to have some willing participation from black families — driven by the desire to profit off their land holdings,” Kahrl said. “But it does boil down to greed and abuse of power and the way in which Americans’ history of racial inequality can be used to the advantage of developers.” As the Reels family grew over time, the threat of a partition sale mounted; if one heir decided to sell, the whole property would likely go to auction at a price that none of them could pay.
When courts originally gained the authority to order a partition sale, around the time of the Civil War, the Wisconsin Supreme Court called it “an extraordinary and dangerous power” that should be used sparingly. In the past several decades, many courts have favored such sales, arguing that the value of a property in its entirety is greater than the value of it in pieces. But the sales are often speedy and poorly advertised, and tend to fetch below-market prices.
On the coast of North Carolina, I met Billy Freeman, who grew up working in the parking lot of his uncle’s beachside dance hall, Monte Carlo by the Sea. His family, which once owned thousands of acres, ran the largest black beach in the state, with juke joints and crab shacks, an amusement park and a three-story hotel. But, over the decades, developers acquired interests from other heirs, and, in 2008, one firm petitioned the court for a sale of the whole property. Freeman attempted to fight the partition for years. “I didn’t want to lose the land, but I felt like everybody else had sold,” he told me. In 2016, the beach, which covered 170 acres, was sold to the development firm for $1.4 million. On neighboring beaches, that sum could buy a tiny fraction of a parcel so large. Freeman got only $30,000.
The lost property isn’t just money; it’s also identity. In one case that I examined, the mining company PCS Phosphate forced the sale of a 40-acre plot, which contained a family cemetery, against the wishes of several heirs, whose ancestors had been enslaved on the property. (A spokesperson for the company told me that it is a “law-abiding corporate citizen.”)
Some speculators use questionable tactics to acquire property. When Jessica Wiggins’ uncle called her to say that a man was trying to buy his interest in their family’s land, she didn’t believe him; he had dementia. Then, in 2015, she learned that a company called Aldonia Farms had purchased the interests of four heirs, including her uncle, and had filed a partition action. “What got me was we had no knowledge of this person,” Wiggins told me, of the man who ran Aldonia. (Jonathan S. Phillips, who now runs Aldonia Farms, told me that he wasn’t there at the time of the purchase, and that he’s confident no one would have taken advantage of the uncle’s dementia.) Wiggins was devastated; the 18 acres of woods and farmland that held her great-grandmother’s house was the place that she had felt safest as a child. The remaining heirs still owned 61% of the property, but there was little that they could do to prevent a sale. When I visited the land with Wiggins, her great-grandmother’s house had been cleared, and Aldonia Farms had erected a gate. Phillips told me, “Our intention was not to keep them out but to be good stewards of the property and keep it from being littered on and vandalized.”
Last fall, Wiggins and her relatives gathered for the auction of the property on the courthouse steps in the town of Windsor. A bronze statue of a Confederate soldier stood behind them. Wiggins’ cousin Danita Pugh walked up to Aldonia Farms’ lawyer and pulled her deed out of an envelope. “You’re telling me that they’re going to auction it off after showing you a deed?” she said. “I’m going to come out and say it. The white man takes the land from the black.”
Hundreds of partition actions are filed in North Carolina every year. Carteret County, which has a population of 70,000, has one of the highest per-capita rates in the state. I read through every Carteret partition case concerning heirs’ property from the past decade, and found that 42% of the cases involved black families, despite the fact that only 6% of Carteret’s population is black. Heirs not only regularly lose their land; they are also required to pay the legal fees of those who bring the partition cases. In 2008, Janice Dyer, a research associate at Auburn University, published a study of these actions in Macon County, Alabama. She told me that the lack of secure ownership locks black families out of the wealth in their property. “The Southeast has these amazing natural resources: timber, land, great fishing,” she said. “If somebody could snap their fingers and clear up all these titles, how much richer would the region be?”
Thomas W. Mitchell, a property-law professor at Texas A&M University School of Law, has drafted legislation aimed at reforming this system, which has now passed in 14 states. He told me that heirs’ property owners, particularly those who are African-American, tend to be “land rich and cash poor,” making it difficult for them to keep the land in a sale. “They don’t have the resources to make competitive bids, and they can’t even use their heirs’ property as collateral to get a loan to participate in the bidding more effectively,” he said. His law, the Uniform Partition of Heirs Property Act, gives family members the first option to buy, sends most sales to the open market, and mandates that courts, in their decisions to order sales, weigh non-economic factors, such as the consequences of eviction and whether the property has historic value. North Carolina is one of eight states in the South that has held out against these reforms. The state also hasn’t repealed the Torrens Act. It is one of fewer than a dozen states where the law is still on the books.
Last year, Congress passed the Agricultural Improvement Act, which, among other things, allows heirs’ property owners to apply for Department of Agriculture programs using nontraditional paperwork, such as a written agreement between heirs. “The alternative documentation is really, really important as a precedent,” Lorette Picciano, the executive director of Rural Coalition, a group that advocated for the reform, told me. “The next thing we need to do is make sure this happens with FEMA, and flood insurance, and housing programs.” The bill also includes a lending program for heirs’ property owners, which will make it easier for them to clear titles and develop succession plans. But no federal funding has been allocated for these loans.
THE FIRST TIME I MET Melvin and Licurtis in the Carteret jail, Melvin filled the entire frame of the visiting-room window. He is a forceful presence, and prone to exaggeration. His hair, neatly combed, was streaked with silver. He didn’t blink as he spoke. Licurtis had been given a diagnosis of diabetes, and leaned against a stool for support. He still acted like a younger brother, never interrupting Melvin or challenging his memory. He told me that, at night, he dreamed of the shore, of storms blowing through his house. “The water rising,” Licurtis said. “And I couldn’t do nothing about it.” He was worried about his mother. “If they took this land from my mama at her age, and she’d been farming it all her life, you know that would kill her,” he told me.
The brothers were seen as local heroes for resisting the court order. “They want to break your spirits,” their niece Kim Duhon wrote to them. “God had you both picked out for this.” Even strangers wrote. “When I was a kid, it used to sadden me that white folks had Radio Island, Atlantic Beach, Sea Gate and other places to swim, but we didn’t!” one letter from a local woman read. She wrote that, when she was finally taken to Silver Dollar Road, “I remember seeing nothing but my own kind (Blk Folks!).”
In North Carolina, civil contempt is most commonly used to force defendants to pay child support. When the ruling requires a defendant to pay money other than child support, a new hearing is held every 90 days. After the first 90 days had passed, Melvin asked a friend in jail to write a letter on his behalf. (Melvin couldn’t read well, and he needed help writing.) “I’ve spent 91 days on a 90 day sentence and I don’t understand why,” the letter read. “Please explain this to me! So I can go home, back to work. Sincerely, Melvin Davis.” The brothers learned that although Billie Dean Brown’s lawyer had asked for 90 days, the court had decided that there would be no time restriction on their case, and that they could be jailed until they presented evidence that they had removed their homes. They continued to hold out. Brown wasn’t demolishing their buildings while they were incarcerated, and so they believed that they still had a shot at convincing the courts that the land was theirs. That fall, Brown told the Charlotte Observer, “I made up my mind, I will die and burn in hell before I walk away from this thing.” When I reached Brown recently, he told me that he was in an impossible position. “We’ve had several offers from buyers, but once they learned of the situation they withdrew,” he said.
Three months turned into six, and a year turned into several. Jail began to take a toll on the brothers. The facility was designed for short stays, with no time outside, and nowhere to exercise. They couldn’t be transferred to a prison, because they hadn’t been convicted of a crime. Early on, Melvin mediated fights between inmates and persuaded them to sneak in hair ties for him. But over time he stopped taking care of his appearance and became withdrawn. He ranted about the stolen land, though he couldn’t quite nail down who the enemy was: Shade or Wheatly or Brown, the sheriffs or the courts or the county. The brothers slept head to head in neighboring beds. “Melvin would say crazy things,” Licurtis told me. “Lay on down and go to sleep, wake up, and say the same thing again. It wore me down.” Melvin is proud and guarded, but he told me that the case had broken him. “I’m not ashamed to own it,” he said. “This has messed my mind up.”
Without the brothers, Silver Dollar Road lost its pulse. Mamie kept her blinds down; she couldn’t stand to see the deserted waterfront. At night, she studied her brothers’ case, thumbing through the court files and printing out the definitions of words that she didn’t understand, like “rescind” and “contempt.” She filled a binder with relatives’ obituaries, so that once her brothers got out they would have a record of who had passed away. When Claud Wheatly’s father died, she added his obituary. “I kept him for history,” she told me.
Gertrude didn’t have the spirit to farm. Most days, she sat in a tangerine armchair by her window, cracking peanuts or watching the shore like a guard. This winter, we looked out in silence as Brown’s caretaker drove through the property. Melvin and Licurtis wouldn’t allow Gertrude to visit them in jail. Licurtis said that “it hurt so bad” to see her leave.
Other members of the family — Melvin and Licurtis’ brother Billy, their nephew Roderick and their cousin Shawn — kept trying to shrimp, but the river suddenly seemed barren. “It might sound crazy, but it was like the good Lord put a curse on this little creek, where ain’t nobody gonna catch no shrimp until they’re released,” Roderick told me. Billy added, “It didn’t feel right no more with Melvin and them not there, because we all looked out for one another. Some mornings, you didn’t even want to go.”
Sheriff’s deputies came to the property a few times a week, and they wouldn’t allow the men to dock their boats on the pier. One by one, the men lost hope and sold their trawlers. Shawn took a job at Best Buy, cleaning the store for $11.50 an hour, and eventually moved to Newport, 30 miles southwest, where it was easier to make rent. Billy got paid to fix roofs but soon defaulted on the mortgage for his house on Silver Dollar Road. “One day you good, and the next day you can’t believe it,” he told me.
Roderick kept being charged with trespassing, for walking on the waterfront, and he was racking up thousands of dollars in legal fees. He’d recently renovated his boat — putting in an aluminum gas tank, large spotlights and West Marine speakers — but, without a place to dock, he saw no way to hold on to it. He found work cutting grass and posted his boat on Craigslist. A white man responded. They met at the shore, and, as the man paid, Roderick began to cry. He walked up Silver Dollar Road with his back to the river. He told me, “I just didn’t want to see my boat leave.”
THE REELS BROTHERS were locked in a hopeless clash with the law. One judge who heard their case likened them to the Black Knight in “Monty Python and the Holy Grail,” who attempts to guard his forest against King Arthur. “Even after King Arthur has cut off both of the Black Knight’s arms and legs, he still insists that he will continue to fight and that no one may pass — although he cannot do anything,” the judge wrote, in an appeals-court dissent.
In February, nearly eight years after Melvin and Licurtis went to jail, they stood before a judge in Carteret to request their release. They were now 72 and 61, but they remained defiant. Licurtis said that he would go back on the property “just as soon as I walk out of here.” Melvin said, “I believe that land is mine.” They had hired a new lawyer, who argued that it would cost almost $50,000 to tear down the brothers’ homes. Melvin had less than $4,000 in the bank; Licurtis had nothing. The judge announced that he was releasing them. He warned them, however, that if they returned to their homes they’d “be right back in jail.” He told them, “The jailhouse keys are in your pockets.”
An hour later, the brothers emerged from the sheriff’s department. Melvin surveyed the parking lot, which was crowded with friends and relatives. “About time!” he said, laughing and exchanging hugs. “You stuck with me.” When he spotted Little Melvin, who was now 39, he extended his arm for a handshake. Little Melvin pulled it closer and buried his face in his father’s shoulder, sobbing.
When Licurtis came out, he folded over, as if his breath had been pulled out of him. Mamie wrapped her arms around his neck, led him to her car, and drove him home. When they reached Silver Dollar Road, she honked the horn all the way down the street. “Back on Silver Dollar Road,” Licurtis said, pines flickering by his window. “Mm-mm-mm-mm-mm.”
Melvin spent his first afternoon shopping for silk shirts and brown leather shoes and a cell phone that talked to him. Old acquaintances stopped him — a man who thanked him for his advice about hauling dirt, a DJ who used to spin at Fantasy Island. While in jail, Melvin had been keeping up with his girlfriends, and 11 women called looking for him.
Melvin told me that he’d held on for his family, and for himself, too. But away from the others his weariness showed. He acknowledged that he was worried about what would happen, his voice almost a whisper. “They can’t keep on doing this. There’s got to be an ending somewhere,” he said.
A few days later, Gertrude threw her sons a party, and generations of relatives came. The family squeezed together on her armchairs, eating chili and biscuits and lemon pie. Mamie gave a speech. “We gotta get this water back,” she said, stretching her arms wide. “We gotta unite. A chain’s only as strong as the links in it.” The room answered, “That’s right.” The brothers, who were staying with their mother, kept saying, “Once we get this land stuff sorted out . . .” Relatives who had left talked about coming back, buying boats and go-karts for their kids. It was less a plan than a fantasy — an illusion that their sense of justice could overturn the decision of the law.
The brothers hadn’t stepped onto the waterfront since they’d been back. The tract was 100 feet away but out of reach. Fantasy Island was a shell, the plot around it overgrown. Still, Melvin seemed convinced that he would restore it. “Put me some palm trees in the sand and build some picnic tables,” he said.
After the party wound down, I sat with Licurtis on his mother’s porch as he gazed at his house, which was moldy and gutted, its frame just visible in the purple dusk. He reminisced about the house’s wood-burning heater, the radio that he’d always left playing. He said that he planned to build a second story and raise the house to protect it from floods. He wanted a wraparound deck and big windows. “I’ll pour them walls solid all the way around,” he said. “We’ll bloom again. Ain’t going to be long.”
Worried about protecting heirs’ property owners? We made a list of ways that families can protect themselves and describe legislative reforms that experts have proposed.
This story is not subject to our Creative Commons license.
Lizzie Presser covers health and healthcare policy at ProPublica. She previously worked as a contributing writer for The California Sunday Magazine, where she wrote about labor, immigration, and how social policy is experienced.
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The Reels brothers grew up on waterfront land that their great-grandfather bought one generation after slavery. Their family has lived there for more than a century. But because it was passed down without a will, it became heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. Without a clear title, these landowners are vulnerable to laws that allow speculators and developers to acquire their property. One attorney called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.”
What can heirs’ property owners do to protect their land?
Plan for the future.Write a will or prepare a transfer on death deed to help pass a clear title to the next generation.
Pay your property taxes. Visit your tax assessor’s office and make sure that your taxes are paid and that the address of the person responsible for coordinating bills is up to date.
Write a family tree. Find out the names on the deed for your land and lay out each generation of heirs that has followed. You can use legal documents from the county, like birth certificates and marriage licenses, as well as family letters, obituaries, information from genealogy websites and records from family reunions.
Create a paper trail to prove your ownership. If you inherited your property without a will or formal estate proceedings, many states allow for an affidavit of heirship to be filed in the property records to establish your ownership. The rules of when and how an affidavit can be filed vary by state.
Consolidate the ownership. Consider asking other heirs if they would be willing to transfer their interest in the property to those with the closest ties to the land. In many states, this can be done through a gift deed.
Manage the co-ownership. Talk to a lawyer you trust about your options, like creating a family LLC or land trust.
Track your expenses. If you pay for expenses on the property, like improvements to the homes or taxes, keep track of them. If a partition sale is started, you may be able to receive a larger share of the proceeds.
What laws affect heirs’ property owners?
Fourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition actions and can help heirs’ property owners gain access to Department of Agriculture programs. States where this has not passed include North Carolina, Mississippi, Florida, Louisiana and Tennessee.
The 2018 Farm Bill created a lending program that, if funded by Congress, would support local organizations providing legal assistance to heirs’ property owners.
About half of the states have Transfer on Death Deed statutes, which allow families to file a simple deed that automatically transfers title to real property upon the owner’s death, without having to go through probate court. The Uniform Real Property Transfer on Death Act has been presented as a model for how such statutes can be written.
What do advocates see as the next steps in helping heirs’ property owners?
Advocates have supported a number of possible legislative initiatives, including:
Funding to support an increase in the number of legal aid lawyers who help families clear title and make estate plans, and to support local legal education on maintaining clear title.
Legislation that creates an easier route for heirs’ property owners to access FEMA and home repair programs by allowing for heirship affidavits, a simpler, less costly process than clearing a title through the courts.
Legislation that creates alternatives to the formal administration of estates when a homeowner dies without a will.
Legislation that allows heirs’ property owners to access exemptions from property taxes that are available to other homeowners.
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HARTFORD, Conn. — On a sweltering Saturday afternoon last June, Crystal Carter took a deep breath as she walked toward the red “for rent” sign.
Shaded by tall oak trees, the three-story duplex looked cozy. The first floor siding was painted yellow, with white railings leading to the front door. The windows appeared new, the lawn freshly cut.
Although the property was in Barry Square, on the edge of a struggling area in southern Hartford, the family outside buoyed Carter’s spirits. Four children giggled in a recliner in the front yard, singing along to the radio while their father packed a moving truck. Across the street were Trinity College’s dignified brick pillars, the entry to the elite school’s 100-acre campus.
Carter tried to tamp down her excitement, but this looked like the kind of place the 48-year-old single mother so desperately wanted for her five kids: no mouse traps, no chipped paint trying to camouflage mold.
He put down a crate and offered her a tour of the first-floor, four-bedroom unit. Inside, she marveled at the modern kitchen, finished hardwood floors and large closets.
“This is a lot of space. When are you putting this on the market?” she asked.
“It’s ready, if you want to do the application,” he told her. Rent was $1,500 a month.
“I’ll be paying with a Section 8 voucher,” she said.
“Yeah,” the man shot back. “I don’t do Section 8.”
Officially called Housing Choice Vouchers, Section 8 rent subsidies were supposed to help low-income people find decent housing outside poor communities. But, for the better part of a year, Carter had found the opposite. This was easily the 50th place she had toured since her landlord sold her last apartment and evicted her. Nearly all of them were in poor areas. They had holes in the wall, uncovered electrical outlets, even roaches and mice. When she hit upon something clean, she learned not to ask too many questions. She complimented the landlord, talked about her children and emphasized that she didn’t smoke. None of it seemed to matter, though, once she uttered two words: Section 8.
Now, as Carter showed herself out of the first-floor rental, she felt panic welling within. “There really are no doors open for people that have a voucher,” she said afterward. “It makes you feel ashamed to even have one.” Typically, vouchers come with a time limit to find housing, and Carter had already won three extensions. She wasn’t sure she’d get another.
She had just 40 days left to find a place to live.
As the federal government retreated from building new public housing in the 1970s, it envisioned Section 8 vouchers as a more efficient way of subsidizing housing for the poor in the private market. They now constitute the largest rental assistance program in the country, providing almost $23 billion in aid each year to 2.2 million households. Local housing authorities administer the program with an annual budget from Washington and are given wide latitude on how many vouchers they hand out and how much each is worth. The bulk of the vouchers are reserved for families who make 30% or less of an area’s median income. That is $30,300 or less for a family of four in Hartford.
For years, researchers and policymakers have lamented the program’s failure to achieve one of its key goals: giving families a chance at living in safer communities with better schools. Low-income people across the country struggle to use their vouchers outside of high-poverty neighborhoods.
In Connecticut, the problem is especially acute. An analysis of federal voucher data by The Connecticut Mirror and ProPublica found that 55% of the state’s nearly 35,000 voucher holders live in neighborhoods with concentrated poverty. That’s higher than the national average of 49% and the rates in 43 other states.
The segregation results, at least in part, from exclusionary zoning requirements that local officials have long used to block or limit affordable housing in prosperous areas. As the Mirror and ProPublica reported in November, state authorities have done little to challenge those practices, instead steering taxpayer money to build more subsidized developments in struggling communities.
Dozens of voucher holders in Connecticut say this concentration has left them with few housing options. Local housing authorities often provide a blue booklet of Section 8-friendly properties, but many of the ones listed are complexes that have a reputation for being rundown and are in struggling communities or have long waitlists. Many recipients call it the “Black Book” because “you are going to the dark side, for real. The apartments in that black book are nasty and disgusting,” said Janieka Lewis, a Hartford resident whose home is infested with mice.
Josh Serrano also lives in one of the state’s poorest neighborhoods. After landing a voucher in 2018, he tried to find a place in the middle-class town of West Hartford, where his son lives part time with his mother. He also looked in nearby Manchester and Simsbury. At each stop, the rent was higher than his voucher’s value or the landlord wouldn’t take a voucher.
“There is an invisible wall surrounding Hartford for those of us who are poor and particularly have black or brown skin like myself,” he said. “No community wanted me and my son.”
Nearly 80% of the state’s voucher holders are black or Hispanic and half have children. Their average income is $17,200 a year and the average amount they pay in rent out of pocket is $413 a month.
The federal government has taken a mostly hands-off approach to ensuring the Section 8 program is working as it was originally intended. The U.S. Department of Housing and Urban Development typically leaves it up to each housing authority to determine how much a voucher is worth, which essentially determines the type of neighborhood a voucher holder can afford. And when HUD assesses the work of housing authorities — to decide whether to increase federal oversight — only a tiny fraction is based on whether local officials are “expanding housing opportunities … outside areas of poverty or minority concentration.” (And even at that, nearly all housing authorities receive full credit.)
Moreover, federal law does not make it illegal for a landlord to turn down a prospective tenant if they plan to pay with a voucher, so HUD does not investigate complaints of landlords who won’t accept Section 8 vouchers.
Connecticut goes further. It is one of 14 states where it’s illegal to deny someone housing because they plan to use a Section 8 voucher. And the state allocated more than $820,000 in the last fiscal year to help pay for 10 investigators to look into complaints of all types of housing discrimination and provide legal assistance. “There has been an effort to try to change” housing segregation, said Seila Mosquera-Bruno, the commissioner of the Connecticut Department of Housing.
But those efforts have done little to prevent landlords from continuing to reject voucher holders. The groups charged with investigating housing complaints say they lack the resources to be proactive and believe they are only seeing a fraction of what’s really going on.
“Housing providers keep coming up with ways to rent to who they want to rent and find ways around housing discrimination laws,” said Erin Kemple, executive director of the Connecticut Fair Housing Center, which investigates complaints. “There is a lot more discrimination going on than what we are investigating.”
In 2018, fewer than 75 complaints were made that accused the landlord or owner of refusing to accept a voucher or some other legal source of income, such as Social Security. The Connecticut Fair Housing Center said that figure isn’t low because discrimination is scarce but rather because prospective tenants are fearful that complaining could hurt them and know that it will do nothing to help them with their immediate needs; investigations can take longer than the time they have to find a house with their vouchers.
“In order to make it a real priority and address the real effects of discrimination in society, the government should dedicate more resources to ferreting it out,” said Greg Kirschner, the group’s legal director.
A Hartford native, Carter reluctantly moved back to her hometown in 2011 to escape an abusive relationship. She had delayed relocating, she said, because she worried she’d be taking her children from a quiet neighborhood in Florida to a “war zone” in Connecticut.
“They not from the streets. Their heart is trying to be goofy-cool,” she said of her three sons, now 10, 17 and 18, and two daughters, ages 13 and 14. “They don’t have that fight in them. I do.” (Worried about her children’s privacy, Carter asked that they not be named in this story.)
Overdue reparations is the key to closing the racial wealth gap
Dr. William Darity‘s congressional testimony lays a path to fix historic inequity that produces unequal outcomes for blacks
(The following is testimony by William Darity Jr., on the proposed Commission to Study and Develop Reparations Proposals for African-Americans Act before the 116th Congress 2019–2020 on June 19, 2019)
By William Darity Jr.
The time has come for the United States, finally, to lay to rest the issue of what has been called, variously, the Slave Problem, the Colored Problem, the Negro Problem, the Black Problem, and the African-American Problem. The country can ill afford to remain stranded in the mire of injustice, perpetually refusing to resolve the fundamental, historic national dilemma facing all Americans. For too long, the nation has refused to take steps to solve an unethical predicament of its own making — the problem of the unequal status of black and white Americans.
A policy of reparations is a set of compensatory policies for grievous injustice. The three goals of a reparations plan should be 1. acknowledgement 2. redress and 3. closure.
1.Acknowledgement is the admission of responsibility for the atrocity (or atrocities) by the culpable party, incorporating an apology. The admission must also be accompanied by a guarantee to make restitution in as rapid a fashion as possible.
2.Redress is the provision of restitution, typically in the form of monetary compensation — as it has been in the cases of Germany’s reparations program on behalf of victims of the Holocaust and the United States’ reparations program on behalf of Japanese Americans unjustly incarcerated during World War II.
3.Closure means the agreement by the victimized community and the culpable party that the debt has been paid. The victims would make no further group-specific claims on the culpable party, unless new atrocities took place.
A plan for black reparations in the U.S. must fulfill specific principles, and those principles must inform, organically, the deliberations of the Commission to Study and Develop Reparations for African-Americans. In addition to the three central aims of a reparations program described above — acknowledgement, redress and closure — there are six principles that must be met: 1. With respect to black reparations, the U.S. government is the culpable party that must meet the obligation of awarding restitution to those eligible for reparations. 2. The government is culpable for not providing compensation over the course of 150 years since the end of the Civil War for enslaved blacks, their heirs and their descendants. 3. The government also is culpable for maintaining the legal and authority framework that sanctioned slavery, legal segregation and continues to permit ongoing racist practices. 4. Eligibility for reparations for African-Americans must apply specifically to those black Americans who are descendants of persons enslaved in the U.S. 5. Black reparations must be designed, at minimum, to eliminate the racial wealth gap. 6. Black reparations also must include a systematic plan to maintain historical memory of the conditions that motivated the inauguration of the program of restitution.
With respect to the claim for black reparations, the U.S. stands as the culpable party. The current text of HR40 makes note of “[t]he role which the federal and state governments of the U.S. supported the institution of slavery in constitutional and statutory provisions,” “the federal and state laws that discriminated against formerly enslaved Africans and their descendants who were deemed U.S. citizens from 1868 to the present,” and “other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed U.S. citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices.” Indeed, to the extent that federal laws and their enforcement take precedence over both state government and private- sector actions, the failure of the federal government to prohibit discriminatory actions by non-federal entities reinforces the national responsibility for making restitution.
Moreover, the federal government abandoned the opportunity to provide immediate compensation to those persons formerly enslaved upon emancipation. The freedmen had been promised allotments of at least 40 acres of land. There is some ambiguity whether this was intended to be 40 acres per family of four or per individual, but even if we take the more conservative condition — 40 acres per family — the allocation would have amounted to 40 million acres for the four million persons who were newly emancipated. This allocation never took place, and in the subsequent 150 years there has been no act of restitution for the formerly enslaved or their descendants. This is not because the descendants of slavery have been silent on this score. It is because their efforts to this point, actively, have been opposed and blocked. The commission to be established under HR40 represents an opportunity, finally, to develop a reparations program that will address the nation’s unmet obligations.
The case for black reparations must be anchored on three phases of grievous injustice inflicted upon enslaved blacks and their descendants. First is the atrocity of slavery itself.
The case for black reparations must be anchored on three phases of grievous injustice inflicted upon enslaved blacks and their descendants. First is the atrocity of slavery itself. Second are the atrocities exercised during the nearly century-long period of legal segregation in the U.S. (the “Jim Crow” era). Third are the legacy effects of slavery and Jim Crow, compounded by ongoing racism manifest in persistent health disparities, labor market discrimination, mass incarceration, police executions of unarmed blacks (de facto lynchings), black voter suppression, and the general deprivation of equal well-being with all Americans. Therefore, it is a misnomer to refer to “slavery reparations,” since black reparations must encompass the harms imposed throughout American history to the present moment — both slavery and post-slavery, both Jim Crow and post-Jim Crow — on black descendants of American slavery. It is precisely that unique community that should be the recipients of reparations: black American descendants of persons enslaved in the U.S.
Second are the atrocities exercised during the nearly century-long period of legal segregation in the U.S. (the “Jim Crow” era).
In a 2003 article written with Dania Frank Francis, and, more recently, in work written with Kirsten Mullen, we have proposed two criteria for eligibility for black reparations. First, an individual must demonstrate that they have at least one ancestor who was enslaved in the U.S. Second, an individual must demonstrate that for at least 10 years prior to the onset of the reparations program or the formation of the study commission, whichever comes first, they self-identified as black, Negro or African-American. The first criterion will require genealogical documentation — but absolutely no phenotype, ideology or DNA tests. The second criterion will require presentation of a suitable state or federal legal document that the person declared themselves to be black.
These criteria rule out blacks who are post-slavery immigrants to the U.S., whose own ancestors are likely to have been subjected to enslavement and colonialism elsewhere. Indeed, they may have substantial claims for reparations themselves, but not from the U.S. government. For example, Nigerians (and Nigerian-Americans) have, in my estimation, a claim for reparations against the United Kingdom; similarly, Haitians (and Haitian-Americans) have a comparable claim for reparations against France. However, legitimate claimants for black reparations from the U.S. government must be those Black Americans whose ancestors were enslaved here after having been forced immigrants, rather than voluntary immigrants. This is a unique segment of the nation’s black population; it is the segment that will be eligible for black reparations in America.
In our forthcoming book, From Here to Equality: Reparations for black Americans in the 20th Century, Kirsten Mullen and I have identified the immense racial wealth gap as the prime indicator of the cumulative effects of the full trajectory of harms thrust upon black Americans. Wealth, the difference between the value of what one owns and what one owes, must not be confused with income. Wealth is more important than income, at least, insofar as higher levels of wealth are protective against unanticipated losses in income due to unemployment or financial emergencies. Wealth is insurance against economic anxiety and economic disruption for individuals and families. Wealth expands opportunity and possibility for those with larger amounts.
Today, black Americans constitute approximately 13 to 14 percent of the nation’s population, yet possess less than 3 percent of the nation’s wealth. A core objective of the reparations program must be to move the black American share to at least 13 to 14 percent. Reparations designated specifically for black American descendants of slavery must be enacted and implemented to achieve that aim, moving black wealth, roughly, from less than $3 trillion to $13 to $14 trillion.
While closure is one of the imperatives of any reparations program, arriving at closure does not mean forgetting the record of atrocities. Thus, a key dimension of a black reparations program must be the development and application of a rigorous curriculum, fully integrated into public school instruction at all grade levels, telling the story of America’s racial history, in all of its complexity, accurately.
The foregoing six principles should be guidelines that structure the charge of the Commission to Study and Develop Reparations Proposals for African-Americans. In addition, there are several revisions to HR40 that I view as essential to yield the strongest legislation to launch the commission. The window that is relevant to the American black claim for reparations is 1776 to the present, not 1619 to the present, as the bill currently reads. Since the eventual claim for legislative redress must be made on the U.S. government, the beginning date must be associated with the founding of the republic, not the landing of enslaved persons at Jamestown. Furthermore, the array of atrocities that occurred between 1776 and the present are of sufficient magnitude that the case is not weakened by discounting the colonial period.
In its current form, the longevity of the commission is not specified in HR40. I recommend the commission completes its report, inclusive of a detailed prescription for legislation to enact a reparations program for black Americans, within 18 months of its impaneling. … President Johnson’s National Advisory Commission on Civil Disorders (known colloquially as the Kerner Commission) issued its report with recommendations a mere seven months after impaneling.
… it is a misnomer to refer to “slavery reparations,” since black reparations must encompass the harms imposed throughout American history to the present moment
I also recommend, like the Commission on Wartime Relocation and Internment of Civilians, the commission on reparations proposals commission should be appointed exclusively by the Congress. The commission appointees should be experts in American history, Constitutional law, economics (including stratification economics), political science and sociology. These appointees must have expert knowledge on the history of slavery and Jim Crow, employment discrimination, wealth inequality, health disparities, unequal educational opportunities, criminal justice and mass incarceration, media, political participation and exclusion, and housing inequities. The commission also should include appointees with detailed knowledge about the design and administration of prior reparations programs as guidelines for structuring a comprehensive reparations program for native black Americans.
In addition, the commissioners should not receive payment to minimize the prospect that personal aggrandizement will influence the proceedings. However, there should be a paid professional staff, and the commissioner appointees’ reasonable expenses should be met. In essence, they (nor any organization to which they belong) should not receive a salary, honorarium, or the equivalent for performing this critical national service.
There are also some sections of HR40 that merit revision for accuracy. For example, Section 2 (a) of the legislation notes that many more than four million persons were enslaved in the U.S. between 1619 and 1865, since not all persons enslaved over that interval still were living at the end of the Civil War. It is valid to say there were about four million persons emancipated when the Civil War ended, but they were not the total number of persons subjected to American slavery.
And Section 3.b. (2) indicts the U.S. government for blocking repatriation of formerly enslaved blacks to the African continent. Arguably, the exact opposite is true, particularly given the United States’ role in the creation of Liberia. Even Abraham Lincoln advocated black repatriation until the later years of the Civil War. Alleged obstacles to repatriation are not a justification for black reparations. The core of the claim for reparations is a declaration for the establishment of full citizenship rights and compensation for the sustained denial of liberty for black descendants of American slavery. Of course, it will be their prerogative if some black recipients of reparations choose to use their funds to migrate to their preferred country in Africa, or elsewhere.
Finally, in addition, the commission’s report must detail the long and cumulative trajectory of atrocities visited upon black American descendants of persons enslaved in the U.S. and their ancestors, and it must provide a well-designed comprehensive program for reparations that will address the following specifics: criteria for eligibility for reparations and assistance for potential claimants to establish their eligibility, criteria for establishing the size of the reparations fund, details on how the reparations fund will be disbursed (and toward what ends), details on how the reparations program will be administered and monitored, and benchmarks for gauging the long-term success of the program and administrative modification, if needed.
William Darity Jr. is the Samuel DuBois Cook Professor of Public Policy, African and African American Studies, and Economics and director of the Samuel DuBois Cook Center on Social Equity at Duke University.
Where do we go from here?
What would it take to bridge the black-white wealth gap?
A Q & A with Duke University economist William ‘Sandy’ Darity, who has some radical—yet doable—ideas
Reparations well-intentioned, but insufficient for the debt owed
City of Memphis gives $50,000 each to the 14 living black sanitation workers from the 1968 strike
The Loebs : Exploited black labor and inherited white wealth
Penny-pinching Loeb ancestors kept wages flat for 25 years as black laundresses did “miserable” work
We sent white, black, Hispanic and Asian testers undercover to see if they would be treated equally by LI real estate agents. Many were not.
In one of the most concentrated investigations of discrimination by real estate agents in the half century since enactment of America’s landmark fair housing law, Newsday found evidence of widespread separate and unequal treatment of minority potential homebuyers and minority communities on Long Island.
The three-year probe strongly indicates that house hunting in one of the nation’s most segregated suburbs poses substantial risks of discrimination, with black buyers chancing disadvantages almost half the time they enlist brokers.
Additionally, the investigation reveals that Long Island’s dominant residential brokering firms help solidify racial separations. They frequently directed white customers toward areas with the highest white representations and minority buyers to more integrated neighborhoods.
They also avoided business in communities with overwhelmingly minority populations.
The findings are the product of a paired-testing effort comparable on a local scale to once-a-decade testing performed by the federal government in measuring the extent of racial discrimination in housing nationwide.
Regularly endorsed by federal and state courts, paired testing is recognized as the sole viable method for detecting violations of fair housing laws by agents.
Two undercover testers – for example, one black and one white – separately solicit an agent’s assistance in buying houses. They present similar financial profiles and request identical terms for houses in the same areas. The agent’s actions are then reviewed for evidence that the agent provided disparate service.
Newsday conducted 86 matching tests in areas stretching from the New York City line to the Hamptons and from Long Island Sound to the South Shore. Thirty-nine of the tests paired black and white testers, 31 matched Hispanic and white testers and 16 linked Asian and white testers.
Newsday confirmed that agents had houses to sell when meeting with testers based on analyses provided by Zillow, the online home search site. Zillow draws an inventory of available homes daily from the Multiple Listing Service of Long Island, the computerized system used by agents to select possible houses for buyers. MLSLI said that it does not maintain its own database of past daily inventories, as Zillow does, and so could not provide the same type of tallies. As permitted by law, all tests were recorded on hidden cameras to ensure accuracy in describing interactions between agents and customers.
In January 1973, George Romney, Nixon’s enigmatic Secretary of Housing and Urban Development, administered an open-ended moratorium on its 1968 initiatives to open up single-family homeownership to low-income borrowers by providing government-backed mortgages. The experiment to make homeownership accessible to everyone ended abruptly with massive foreclosures and abandoned houses, but the questions ignited by these policies persisted. Some analysts insisted that the failure of HUD’s homeownership programs was proof positive that poor people were ill equipped for the responsibilities of homeownership. African Americans experience homeownership in ways that rarely produce the financial benefits typically enjoyed by middle-class white Americans.And they insisted that it more specifically implicated low-income African Americans as “incapable” homeowners. Others pointed to HUD’s obvious mismanagement of these programs as the real culprit in their demise, and, importantly, how the programs gave an industry already known for its racial bias new opportunities to exploit low-income African-Americans. But the lessons from HUD’s experiment were muddled by other economic sensibilities, including the commitment to private property and the centrality of homeownership to the American economy.
Today, homeownership, even for low-income and poor people, is reflexively advised as a way to emerge from poverty, develop assets, and build wealth more generally. The historic levels of wealth inequality that continue to distinguish African Americans from whites are powerful reminders of how the exclusion of Blacks from this asset has generationally impaired Black families in comparison with their white peers. Owning a home as a way to build wealth is touted as an advantage over public or government-sponsored housing. It grounds the assumption that it is better to own than rent. And the greatest assumption of all is that homeownership is the superior way to live in the United States. This, of course, is tied to another indelible truth that homeownership is a central cog in the U.S. economy. Its pivotal role as an economic barometer and motor means that there are endless attempts to make it more accessible to ever-wider groups of people. While these are certainly statements of fact, they should not be confused as statements on the advisability of suturing economic well-being to a privately owned asset in a society where the value of that asset will be weighed by the race or ethnicity of whoever possesses it.
The assumption that a mere reversal of exclusion to inclusion would upend decades of institutional discrimination underestimated the investments in the economy organized around race and property. The concept of race and especially racial inferiority helped to establish the “economic floor” in the housing market. One’s proximity to African Americans individually, as well as to their communities, helped to determine the value of one’s property. This revealed another reality. Markets, as in the means by which the exchange of commodities is facilitated, do not exist in vacuums, nor do abstract notions of “supply and demand” dictate their function. Markets are conceived and constituted by desire, imagination, and social aspirations, among other malleable factors. This does not mean that markets are not real, but that they are not shaped by need alone. They are shaped by political, social, economic, and in the case of housing, racial concerns. And in the United States, these market conditions were shaped and stoked by economic actors that stood to gain by curtailing access to one portion of the market while then flooding another with credit, capital, and indiscriminate access to distressed and substandard homes.
HUD’s crisis in its homeownership programs in the 1970s reveal deeper and more systemic problems with the pursuit of homeownership as a way to improve the quality of one’s life. It is undeniable that homeownership in the United States has been “one of the important ways in which Americans have traditionally acquired financial capital” and that the “tax advantages, the accumulation of equity, and the increased value of real estate property enable homeowners to build economic assets. . . . These assets can be used to educate one’s children, to take advantage of business opportunities, to meet financial emergencies, and to provide for retirement.” Investment in homeownership, and its role in the process of the personal accumulation of capital, has been fundamental to the good life in the United States.
She soon learned that the rumors held some truth. Medicaid, the government program that provides health care to more than 75 million low-income and disabled Americans, isn’t necessarily free. It’s the only major welfare program that can function like a loan. Medicaid recipients over the age of 55 are expected to repay the government for many medical expenses—and states will seize houses and other assets after those recipients die in order to satisfy the debt.
“The folded american flag from her father’s military funeral is displayed on the mantel in Tawanda Rhodes’s living room. Joseph Victorian, a descendant of Creole slaves, had enlisted in the Army 10 days after learning that the United States was going to war with Korea.To hear more feature stories, see our full list or get the Audm iPhone app.After he was wounded in combat, Joseph was stationed at a military base in Massachusetts. There he met and fell in love with Edna Smith-Rhodes, a young woman who had recently moved to Boston from North Carolina. The couple started a family and eventually settled in the brick towers of the Columbia Point housing project. Joseph took a welding job at a shipyard and pressed laundry on the side; later, Edna would put her southern cooking skills to use in a school cafeteria.
In 1979, Joseph and Edna bought a house in Boston’s Dorchester neighborhood for $24,000. Just a few years after they moved in, Joseph died of blood-circulation problems. But by leaving that house to his wife and children, its mortgage satisfied by his life-insurance payout, he died believing that he had secured a legacy for his family, which, in just a few generations, had lifted itself out of slavery, segregation, and poverty to own a piece of the American dream.
The shameful story of how 1 million black families have been ripped from their farms
I. Wiped Out
“You ever chop before?” Willena Scott-White was testing me. I sat with her in the cab of a Chevy Silverado pickup truck, swatting at the squadrons of giant, fluttering mosquitoes that had invaded the interior the last time she opened a window. I was spending the day with her family as they worked their fields just outside Ruleville, in Mississippi’s Leflore County. With her weathered brown hands, Scott-White gave me a pork sandwich wrapped in a grease-stained paper towel. I slapped my leg. Mosquitoes can bite through denim, it turns out.
Cotton sowed with planters must be chopped—thinned and weeded manually with hoes—to produce orderly rows of fluffy bolls. The work is backbreaking, and the people who do it maintain that no other job on Earth is quite as demanding. I had labored long hours over other crops, but had to admit to Scott-White, a 60-something grandmother who’d grown up chopping, that I’d never done it.
“Then you ain’t never worked,” she replied.
The fields alongside us as we drove were monotonous. With row crops, monotony is good. But as we toured 1,000 acres of land in Leflore and Bolivar Counties, straddling Route 61, Scott-White pointed out the demarcations between plots. A trio of steel silos here. A post there. A patch of scruffy wilderness in the distance. Each landmark was a reminder of the Scott legacy that she had fought to keep—or to regain—and she noted this with pride. Each one was also a reminder of an inheritance that had once been stolen.
Drive Route 61 through the Mississippi Delta and you’ll find much of the scenery exactly as it was 50 or 75 years ago. Imposing plantations and ramshackle shotgun houses still populate the countryside from Memphis to Vicksburg. Fields stretch to the horizon. The hands that dig into black Delta dirt belong to people like Willena Scott-White, African Americans who bear faces and names passed down from men and women who were owned here, who were kept here, and who chose to stay here, tending the same fields their forebears tended.
But some things have changed. Back in the day, snow-white bolls of King Cotton reigned. Now much of the land is green with soybeans. The farms and plantations are much larger—industrial operations with bioengineered plants, laser-guided tractors, and crop-dusting drones. Fewer and fewer farms are still owned by actual farmers. Investors in boardrooms throughout the country have bought hundreds of thousands of acres of premium Delta land. If you’re one of the millions of people who have a retirement account with the Teachers Insurance and Annuity Association, for instance, you might even own a little bit yourself.
TIAA is one of the largest pension firms in the United States. Together with its subsidiaries and associated funds, it has a portfolio of more than 80,000 acres in Mississippi alone, most of them in the Delta. If the fertile crescent of Arkansas is included, TIAA holds more than 130,000 acres in a strip of counties along the Mississippi River. And TIAA is not the only big corporate landlord in the region. Hancock Agricultural Investment Group manages more than 65,000 acres in what it calls the “Delta states.” The real-estate trust Farmland Partners has 30,000 acres in and around the Delta. AgriVest, a subsidiary of the Swiss bank UBS, owned 22,000 acres as of 2011. (AgriVest did not respond to a request for more recent information.)
Unlike their counterparts even two or three generations ago, black people living and working in the Delta today have been almost completely uprooted from the soil—as property owners, if not as laborers. In Washington County, Mississippi, where last February TIAA reportedly bought 50,000 acres for more than $200 million, black people make up 72 percent of the population but own only 11 percent of the farmland, in part or in full. In Tunica County, where TIAA has acquired plantations from some of the oldest farm-owning white families in the state, black people make up 77 percent of the population but own only 6 percent of the farmland. In Holmes County, the third-blackest county in the nation, black people make up about 80 percent of the population but own only 19 percent of the farmland. TIAA owns plantations there, too. In just a few years, a single company has accumulated a portfolio in the Delta almost equal to the remaining holdings of the African Americans who have lived on and shaped this land for centuries.
This is not a story about TIAA—at least not primarily. The company’s newfound dominance in the region is merely the topsoil covering a history of loss and legally sanctioned theft in which TIAA played no part. But TIAA’s position is instrumental in understanding both how the crimes of Jim Crow have been laundered by time and how the legacy of ill-gotten gains has become a structural part of American life. The land was wrested first from Native Americans, by force. It was then cleared, watered, and made productive for intensive agriculture by the labor of enslaved Africans, who after Emancipation would come to own a portion of it. Later, through a variety of means—sometimes legal, often coercive, in many cases legal and coercive, occasionally violent—farmland owned by black people came into the hands of white people. It was aggregated into larger holdings, then aggregated again, eventually attracting the interest of Wall Street.
Owners of small farms everywhere, black and white alike, have long been buffeted by larger economic forces. But what happened to black landowners in the South, and particularly in the Delta, is distinct, and was propelled not only by economic change but also by white racism and local white power. A war waged by deed of title has dispossessed 98 percent of black agricultural landowners in America. They have lost 12 million acres over the past century. But even that statement falsely consigns the losses to long-ago history. In fact, the losses mostly occurred within living memory, from the 1950s onward. Today, except for a handful of farmers like the Scotts who have been able to keep or get back some land, black people in this most productive corner of the Deep South own almost nothing of the bounty under their feet.
II. “Land Hunger”
land has always been the main battleground of racial conflict in Mississippi. During Reconstruction, fierce resistance from the planters who had dominated antebellum society effectively killed any promise of land or protection from the Freedmen’s Bureau, forcing masses of black laborers back into de facto bondage. But the sheer size of the black population—black people were a majority in Mississippi until the 1930s—meant that thousands were able to secure tenuous footholds as landowners between Emancipation and the Great Depression.
Driven by what W. E. B. Du Bois called “land hunger” among freedmen during Reconstruction, two generations of black workers squirreled away money and went after every available and affordable plot they could, no matter how marginal or hopeless. Some found sympathetic white landowners who would sell to them. Some squatted on unused land or acquired the few homesteads available to black people. Some followed visionary leaders to all-black utopian agrarian experiments, such as Mound Bayou, in Bolivar County.
It was never much, and it was never close to just, but by the early 20th century, black people had something to hold on to. In 1900, according to the historian James C. Cobb, black landowners in Tunica County outnumbered white ones three to one. According to the U.S. Department of Agriculture, there were 25,000 black farm operators in 1910, an increase of almost 20 percent from 1900. Black farmland in Mississippi totaled 2.2 million acres in 1910—some 14 percent of all black-owned agricultural land in the country, and the most of any state.
The foothold was never secure. From the beginning, even the most enterprising black landowners found themselves fighting a war of attrition, often fraught with legal obstacles that made passing title to future generations difficult. Bohlen Lucas, one of the few black Democratic politicians in the Delta during Reconstruction (most black politicians at the time were Republicans), was born enslaved and managed to buy a 200-acre farm from his former overseer. But, like many farmers, who often have to borrow against expected harvests to pay for equipment, supplies, and the rent or mortgage on their land, Lucas depended on credit extended by powerful lenders. In his case, credit depended specifically on white patronage, given in exchange for his help voting out the Reconstruction government—after which his patrons abandoned him. He was left with 20 acres.
In Humphreys County, Lewis Spearman avoided the pitfalls of white patronage by buying less valuable wooded tracts and grazing cattle there as he moved into cotton. But when cotton crashed in the 1880s, Spearman, over his head in debt, crashed with it.
Around the turn of the century, in Leflore County, a black farm organizer and proponent of self-sufficiency—referred to as a “notoriously bad Negro” in the local newspapers—led a black populist awakening, marching defiantly and by some accounts bringing boycotts against white merchants. White farmers responded with a posse that may have killed as many as 100 black farmers and sharecroppers along with women and children. The fate of the “bad Negro” in question, named Oliver Cromwell, is uncertain. Some sources say he escaped to Jackson, and into anonymity.
Like so many of his forebears, Ed Scott Sr., Willena Scott-White’s grandfather, acquired his land through not much more than force of will. As recorded in the thick binders of family history that Willena had brought along in the truck, and that we flipped through between stretches of work in the fields, his life had attained the gloss of folklore. He was born in 1886 in western Alabama, a generation removed from bondage. Spurred by that same land hunger, Scott took his young family to the Delta, seeking opportunities to farm his own property. He sharecropped and rented, and managed large farms for white planters, who valued his ability to run their sprawling estates. One of these men was Palmer H. Brooks, who owned a 7,000-acre plantation in Mississippi’s Leflore and Sunflower Counties. Brooks was uncommonly progressive, encouraging entrepreneurship among the black laborers on his plantation, building schools and churches for them, and providing loans. Scott was ready when Brooks decided to sell plots to black laborers, and he bought his first 100 acres.
Unlike Bohlen Lucas, Scott largely avoided politics. Unlike Lewis Spearman, he paid his debts and kept some close white allies—a necessity, since he usually rejected government assistance. And unlike Oliver Cromwell, he led his community under the rules already in place, appearing content with what he’d earned for his family in an environment of total segregation. He leveraged technical skills and a talent for management to impress sympathetic white people and disarm hostile ones. “Granddaddy always had nice vehicles,” Scott-White told me. They were a trapping of pride in a life of toil. As was true in most rural areas at the time, a new truck was not just a flashy sign of prosperity but also a sort of credit score. Wearing starched dress shirts served the same purpose, elevating Scott in certain respects—always within limits—even above some white farmers who drove into town in dirty overalls. The trucks got shinier as his holdings grew. By the time Scott died, in 1957, he had amassed more than 1,000 acres of farmland.
Scott-White guided me right up to the Quiver River, where the legend of her family began. It was a choked, green-brown gurgle of a thing, the kind of lazy waterway that one imagines to be brimming with fat, yawning catfish and snakes. “Mr. Brooks sold all of the land on the east side of this river to black folks,” Scott-White told me. She swept her arm to encompass the endless acres. “All of these were once owned by black families.”
III. The Great Dispossession
that era of black ownership, in the Delta and throughout the country, was already fading by the time Scott died. As the historian Pete Daniel recounts, half a million black-owned farms across the country failed in the 25 years after 1950. Joe Brooks, the former president of the Emergency Land Fund, a group founded in 1972 to fight the problem of dispossession, has estimated that something on the order of 6 million acres was lost by black farmers from 1950 to 1969. That’s an average of 820 acres a day—an area the size of New York’s Central Park erased with each sunset. Black-owned cotton farms in the South almost completely disappeared, diminishing from 87,000 to just over 3,000 in the 1960s alone. According to the Census of Agriculture, the racial disparity in farm acreage increased in Mississippi from 1950 to 1964, when black farmers lost almost 800,000 acres of land. An analysis for The Atlantic by a research team that included Dania Francis, at the University of Massachusetts, and Darrick Hamilton, at Ohio State, translates this land loss into a financial loss—including both property and income—of $3.7 billion to $6.6 billion in today’s dollars.
This was a silent and devastating catastrophe, one created and maintained by federal policy. President Franklin D. Roosevelt’s New Deal life raft for agriculture helped start the trend in 1937 with the establishment of the Farm Security Administration, an agency within the Department of Agriculture. Although the FSA ostensibly existed to help the country’s small farmers, as happened with much of the rest of the New Deal, white administrators often ignored or targeted poor black people—denying them loans and giving sharecropping work to white people. After Roosevelt’s death, in 1945, conservatives in Congress replaced the FSA with the Farmers Home Administration, or FmHA. The FmHA quickly transformed the FSA’s programs for small farmers, establishing the sinews of the loan-and-subsidy structure that undergirds American agriculture today. In 1961, President John F. Kennedy’s administration created the Agricultural Stabilization and Conservation Service, or ASCS, a complementary program to the FmHA that also provided loans to farmers. The ASCS was a federal effort—also within the Department of Agriculture—but, crucially, the members of committees doling out money and credit were elected locally, during a time when black people were prohibited from voting.
Through these programs, and through massive crop and surplus purchasing, the USDA became the safety net, price-setter, chief investor, and sole regulator for most of the farm economy in places like the Delta. The department could offer better loan terms to risky farmers than banks and other lenders, and mostly outcompeted private credit. In his book Dispossession, Daniel calls the setup “agrigovernment.” Land-grant universities pumped out both farm operators and the USDA agents who connected those operators to federal money. Large plantations ballooned into even larger industrial crop factories as small farms collapsed. The mega-farms held sway over agricultural policy, resulting in more money, at better interest rates, for the plantations themselves. At every level of agrigovernment, the leaders were white.
Major audits and investigations of the USDA have found that illegal pressures levied through its loan programs created massive transfers of wealth from black to white farmers, especially in the period just after the 1950s. In 1965, the United States Commission on Civil Rights uncovered blatant and dramatic racial differences in the level of federal investment in farmers. The commission found that in a sample of counties across the South, the FmHA provided much larger loans for small and medium-size white-owned farms, relative to net worth, than it did for similarly sized black-owned farms—evidence that racial discrimination “has served to accelerate the displacement and impoverishment of the Negro farmer.”
In Sunflower County, a man named Ted Keenan told investigators that in 1956, local banks had denied him loans after a bad crop because of his position with the NAACP, where he openly advocated for voting rights. The FmHA had denied him loans as well. Keenan described how Eugene Fisackerly, the leader of the White Citizens’ Council in Sunflower County, together with representatives of Senator James Eastland, a notorious white supremacist who maintained a large plantation there, had intimidated him into renouncing his affiliation with the NAACP and agreeing not to vote. Only then did Eastland’s man call the local FmHA agent, prompting him to reconsider Keenan’s loan.
A landmark 2001 investigation by the Associated Press into extortion, exploitation, and theft directed against black farmers uncovered more than 100 cases like Keenan’s. In the 1950s and ’60s, Norman Weathersby, a Holmes County Chevrolet dealer who enjoyed a local monopoly on trucks and heavy farm equipment, required black farmers to put up land as collateral for loans on equipment. A close friend of his, William Strider, was the local FmHA agent. Black farmers in the area claimed that the two ran a racket: Strider would slow-walk them on FmHA loans, which meant they would then default on Weathersby’s loans and lose their land to him. Strider and Weathersby were reportedly free to run this racket because black farmers were shut out by local banks.