By 1997, Black farmers lost more than 90 percent of the 14-19 million acres they owned in 1910. It is estimated that the cumulative value of Black land loss is at least $326 billion.

Ownership of land and property has always been the major path for people to accumulate wealth in America. Sadly, the last hundred years have seen a significant reduction in Black-owned land, specifically farmland, which has directly contributed to the racial wealth gap.

This article will explore the history and challenges of Black land ownership, the plight of Black farmers, and possible remedies.

TABLE OF CONTENTS: History of Black Land Ownership — Historical Challenges — Modern-Day Challenges — Plight of Black Farmers — Possible Remedies — Conclusion —Learn More About It — Sources

HISTORY OF BLACK LAND OWNERSHIP

Following the Civil War, nearly 4 million African Americans across the South gained independence and the power to maintain and farm their own land, even though the promise of “40 acres and a mule” was unfulfilled.

By 1910, Blacks owned over 15 million acres of land, primarily in the South as farmland.

Owning land meant self-sufficiency and financial stability. Some Blacks were able to buy land from private owners.

Others purchased land through programs such as the Southern Homestead Act of 1866, which offered public land in the South to settlers, including freed slaves, at a low cost.

By the turn of the century, prosperous Black farming communities emerged.

Eatonville, Florida
- Eatonville was one of the first self-governing, all-Black municipalities in the United States.
- Incorporated in 1887, it was the brainchild of Joseph E. Clark and a group of African-American men who were dedicated to creating a self-sustaining community.
- Eatonville thrived due to farming vegetables, sugar cane, and citrus.
- It was also home to the famed Harlem Renaissance writer Zora Neale Hurston.

**The Establishment of Eatonville, Florida. Incorporated in 1887.**

Mound Bayou, Mississippi
- Founded in 1887 by Isaiah Montgomery and his cousin Benjamin Green, both former slaves. Mound Bayou, Mississippi, became a haven for African Americans in the South.
- Mound Bayou grew into a prosperous community of Black farmers, where residents farmed cotton on a cooperative basis.
- Its Black-owned businesses included a bank, a cotton gin, and a hospital.

What’s Become of the All-Black Town of Mound Bayou

For the answer, listen to the following audio message.

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Many African Americans purchased farmland and maintained and preserved their land for many generations.

But historical and modern-day threats continued to challenge their ownership.

historical challenges to black land ownership

Violence and Intimidation Tactics

Harassment and threats of physical violence were common. This harassment included things like shooting firearms at homes or livestock and destroying property.

The Ku Klux Klan and groups, such as the Whitecaps, used terrorism, intimidation, and violence, including lynchings, to prevent African Americans from owning or profiting from their land.

Whitecaps, also known as “White Cap Vigilantes,” typically consisted of White farmers and laborers who were economically threatened by changes occurring in their communities. They attacked and intimidated Blacks but also targeted White farmers they viewed as being too successful.

**Black farmers were intimidated and killed by groups like the Ku Klux Klan and the White Caps.**

Black and White farmers depended upon loans to buy needed equipment and supplies for their farms. Photo: *In Oxford, a Granville County farmer repays a loan. (Photograph by Arthur Rothstein; Dated October 1936.)*

Unequal Access to Loans

Black farmers were often not informed about available loans or assistance programs. And when they knew about the loans, they were rarely given the assistance they needed to navigate the loan application process.

Agricultural lending institutions often denied Black farmers access to loans purely based on race.

The Federal government’s New Deal program, the Farmers Home Administration (FmHA), was infamous for denying loans to Black farmers while approving loans for their White peers.

When loans were awarded to Black farmers, they often had to pay higher interest rates than White farmers.

At other times, the loan disbursements were often intentionally delayed. This caused the farmers to miss the planting season, resulting in significant financial loss.

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Modern-day challenges to black land ownership

Heirs’ property

According to a report by the U.S. Department of Agriculture, about 60% of Black-owned land in the South is owned as “heirs’ property.”

WHAT IS HEIRS’ PROPERTY?

When a landowner dies without a will, the land is passed down to the descendants or heirs. Instead of giving the land to one specific person, it is divided among the deceased’s heirs, with each heir holding an undivided interest in the land.

**Heirs’ Property - Center for Agriculture and Food Sytems**

Each heir owns a fraction of the entire property, regardless of whether they live on the land or help with its upkeep.

Complications can happen when decisions have to be made about the property, especially when there are a lot of heirs involved.

In the United States, the law of each state regards owners of heirs' property as "tenants in common."

**https://farmlandaccess.org/heirs-property/**

Although heirs’ property is not exclusive to African Americans, it is particularly prevalent among Black families. Why? Lack of access to legal services and a desire for the home and land to remain in the family and available to all the children.

But as these children grow older, leave home, and have their own children, the list of heirs and descendants grows and grows.

As a result, it becomes harder to manage or make decisions about the land, leading to disputes among heirs and, in some cases, forcing the sale of the land.

usda loans denied

The Great Migration

During the Great Migration, 1916 to 1970, millions of African Americans migrated from the rural South to urban areas in the North, Midwest, and West.

This created a significant impact on Black-owned land in the South.

As millions of Blacks moved in order to seek better jobs and escape the systemic racism of the South, it created a shortage of farm labor.

Black farmers who remained in the South had a tougher time maintaining their farms without their families. And many did not have the money to buy the machines and outside help.

Highway Construction

The Federal-Aid Highway Act of 1956, which led to the creation of the Interstate Highway System, resulted in the demolition of many urban neighborhoods that were predominantly Black.

Many families lost their homes and received little compensation.

This caused a significant decrease in Black landownership in cities like New Orleans, Detroit, and Baltimore.

The Great Recession

During the Great Recession, from late December 2007 to June 2009, Black homeowners were disproportionately affected.

According to the Center for Responsible Lending, nearly 8% of Black homeowners lost their homes to foreclosure compared to 4.5% of White homeowners.

These foreclosures led to a significant loss of Black-owned land.

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The Plight of Black farmers

The ownership of farmland by Black Americans was at its highest in 1910, with a range of 15 to 19 million acres. However, this has drastically decreased over time and currently stands at less than 3 million acres.

Furthermore, Black farmers only constitute slightly over 1% of all farmers in the United States.

According to the U.S. Department of Agriculture, heirs' property is the primary reason for involuntary land loss among Black individuals and has resulted in a significant decrease of 90% in Black-owned farmland across the country from 1910 to 1997.

It can be a time-consuming and expensive undertaking to resolve land ownership.

The process involves a thorough investigation of the family tree, land surveys, and extensive searches of documents, such as death certificates.

It is often necessary to seek the assistance of a lawyer. But locating a lawyer who specializes in estate and heirs' property cases can be hard to find.

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POSSIBLE REMEDIES

The Agricultural Improvement Act

The Agricultural Improvement Act is commonly known as the 2018 Farm Bill.

The bill extended the majority of commodity and crop insurance programs from the previous Farm Bill and made some changes.

It helps farmers to retain their income, especially when prices or revenues decrease.

THE UNIFORM Partition OF HEIRS PROPERTY Act

The Uniform Partition of Heirs Property Act (UPHPA) is a law created to safeguard the property rights of people who have inherited land as tenants in common, commonly known as heirs' property.

The Uniform Law Commission created the UPHPA in 2010, and multiple states have adopted it.

In January 2023, the California State Legislature enacted the Partition of Real Property Act (“PRPA”).

The Uniform Partition of Heirs Property Act ensures that co-tenants have the right to sell their share of inherited property.

However, if the other co-tenants do not agree, they can block the sale.

Then to ensure a fair process, the sale can be prevented by following (1) notification, (2) appraisal, and (3) giving the party or parties the right of first refusal.

In the event that the other tenants do not make a purchase, the court will take action to divide or sell the property at a fair price.

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CONCLUSION

African American land ownership has represented more than physical possession. For newly freed slaves, it meant the end of bondage and the beginning of self-determination.

But for the descendants, lost and stolen land has led to a depletion of generational wealth. For the country, it has contributed to widening the racial wealth gap.

Regaining lost land may not be possible as policy changes and reparations may come too late for distressed families.

But legal reforms, educational initiatives to promote estate planning, and support from non-profit organizations can help families resolve issues with heirs' property.

The goal is to promote a future where land ownership is protected and unbiased for all Americans, regardless of race or ancestry.

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