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Why Are So Many Black Families Losing Their Land?


Lizzie Presser 17 Jul 2019

Mansions on land once owned by Freeman’s family.

The Reels brothers spent eight years in jail for refusing to leave their plot of land in North Carolina.

Since 1910, black families have been stripped of hundreds of billions of dollars because of lost land.”

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.”

“The land was home to the only beach in the county that welcomed black families.”

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.”

”’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.”

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.

You going to go there, take my dreams from me like that?”

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 1920, African Americans represented 14% of Southern farm owners.”

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.”

Investors hoping to build golf courses or hotels can target these plots.”

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.”

“Gertrude secured a court ruling declaring that the land belonged to his heirs.”

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.”

“The Torrens Act is ‘a legal way to steal land.’”

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.

“Shade now legally owned a little more than 13 acres of the 65-acre plot.”

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.”

“Tax sales have a long history in the dispossession of heirs’ property.”

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.

“A white customer sneered that Gertrude was the only thing standing in the way of development.”

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.”

If the brothers had to go to jail, they would.”

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.

Even small financial incentives can have the effect of turning relatives against one another.”

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?”

The white man takes the land from the black.”

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.

“North Carolina is one of eight states in the South that has held out against these reforms.”

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.

The brothers were seen as local heroes for resisting the court order.”

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.”

This has messed my mind up.”

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.

Pine trees by the shore.

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.”

READ MORE AT: https://blackagendareport.com/why-are-so-many-black-families-losing-their-land

Berlin 1884: Remembering the conference that divided Africa

135 years ago today, European leaders sat around a horseshoe-shaped table to set the rules for Africa’s colonisation.

By Patrick Gathara

The African continent was irrevocably shaped by the Berlin Conference of 1884. Photo Credit: BBC

On the afternoon of Saturday, November 15, 1884, an international conference was opened by the chancellor of the newly-created German Empire at his official residence on Wilhelmstrasse, in Berlin. Sat around a horseshoe-shaped table in a room overlooking the garden with representatives from every European country, apart from Switzerland, as well as those from the United States and the Ottoman Empire. The only clue as to the purpose of the November gathering of white men was hung on the wall – a large map of Africa “drooping down like a question mark” as Nigerian historian, Professor Godfrey Uzoigwe, would comment.

Including a short break for Christmas and the New Year, the West African Conference of Berlin would last 104 days, ending on February 26, 1885. In the 135 years since, the conference has come to represent the late 19th-century European Scramble and Partition of the continent. In the popular imagination, the delegates are hunched over a map, armed with rulers and pencils, sketching out national borders on the continent with no idea of what existed on the ground they were parcelling out. Yet this is mistaken. The Berlin Conference did not begin the scramble. That was well under way. Neither did it partition the continent. Only one state, the short-lived horror that was the Congo Free State, came out of it – though strictly speaking it was not actually a creation of the conference.

It did something much worse, though, with consequences that would reverberate across the years and be felt until today. It established the rules for the conquest and partition of Africa, in the process legitimising the ideas of Africa as a playground for outsiders, its mineral wealth as a resource for the outside world not for Africans and its fate as a matter not to be left to Africans.

From the very start, the conference laid out the order of priorities. “The Powers are in the presence of three interests: That of the commercial and industrial nations, which a common necessity compels to the research of new outlets. That of the States and of the Powers summoned to exercise over the regions of the Congo an authority which will have burdens corresponding to their rights. And, lastly, that which some generous voices have already commended to your solicitude – the interests of the native populations.” It also resolutely refused to consider the question of sovereignty, and the legitimacy of laying claim to someone else’s land and resources.

Uzoigwe notes that: “Bismarck … stated in his opening remarks that delegates had not been assembled to discuss matters of sovereignty either of African states or of the European powers in Africa.” It was no accident that there were no Africans at the table – their opinions were not considered necessary. The efforts of the Sultan of Zanzibar to get himself invited to the party were summarily laughed off by the British.

American journalist Daniel De Leon described the conference as “an event unique in the history of political science … Diplomatic in form, it was economic in fact.” And it is true that while it was dressed up as a humanitarian summit to look at the welfare of locals, its agenda was almost purely economic. Few on the continent or in the African diaspora were fooled. A week before it closed, the Lagos Observer declared that “the world had, perhaps, never witnessed a robbery on so large a scale.” Six years later, another editor of a Lagos newspaper comparing the legacy conference to the slave trade said: “A forcible possession of our land has taken the place of a forcible possession of our person.” Theodore Holly, the first black Protestant Episcopal Bishop in the US, condemned the delegates as having “come together to enact into law, national rapine, robbery and murder”.

The outcome of the conference was the General Act signed and ratified by all but one of the 14 nations at the table, the US being the sole exception. Some of its main features were the establishment of a regime of free trade stretching across the middle of Africa, the development of which became the rationale for the recognition of the Congo Free State and its subsequent 13-year horror, the abolition of the overland slave trade as well as the principle of “effective occupation”.

Though the attempt to create a free trade area in Africa and therefore keep the continent from becoming both a spark for, and a theatre of conflict between the European powers, was ultimately doomed. The principle of “effective occupation” was to become the catalyst for military conquest of the African continent with far-reaching consequences for its inhabitants.

At the time of the conference, 80 percent of Africa remained under traditional and local control. The Europeans only had influence on the coast. Following it, they started grabbing chunks of land inland, ultimately creating a hodgepodge of geometric boundaries that was superimposed over indigenous cultures and regions of Africa. However, to get their claims over African land accepted, European states had to demonstrate that they could actually administer the area.

Often, military victory proved to be the easy part. To govern, they found they had to contend with a confusing milieu of fluid identities and cultures and languages. The Europeans thus set about reorganising Africans into units they could understand and control. As Professor Terence Ranger noted, the colonial period was marked “by systematic inventions of African traditions – ethnicity, customary law, ‘traditional’ religion. Before colonialism Africa was characterised by pluralism, flexibility, multiple identity; after it, African identities of ‘tribe’, gender and generation were all bounded by the rigidities of invented tradition.”

That first-ever international conference on Africa established a template for how the world deals with the continent. Today, Africa is still seen primarily as a source for raw materials for the outside world and an arena for them to compete over. Conferences about the continent are rarely held on the continent itself and rarely care about the views of ordinary Africans.

The sight of African heads of state assembling in foreign capitals to beg for favours is a re-enactment of the Sultan of Zanzibar’s pleading to attend a conference where he would be the main course.

Despite achieving independence for the most part in the 1950s and 1960s, many African countries have continued along the destructive path laid out in Berlin. Former Tanzanian President Julius Nyerere declared: “We have artificial ‘nations’ carved out at the Berlin Conference in 1884, and today we are struggling to build these nations into stable units of human society… we are in danger of becoming the most Balkanised continent of the world.” Ethnicity and tribalism continue to be the bane of African politics. “The Berlin Conference was Africa’s undoing in more ways than one,” wrote Jan Nijman, Peter Muller and Harm de Blij in their book, Geography: Realms, Regions, and Concepts. “The colonial powers superimposed their domains on the African continent. By the time independence returned to Africa… the realm had acquired a legacy of political fragmentation that could neither be eliminated nor made to operate satisfactorily.”

Now, 135 years after Berlin, it is perhaps time for introspection. While it is impossible to turn back the clock, Africans would do well to reflect on what has happened since. Teaching the real history of the subjugation of the continent would help counter the myths of “ancient hatreds” that are said to fuel the conflicts on the continent. And Africans could decide to get together on the continent to debate and decide on the relationship they want with the rest of the world rather than always having that dictated to them from abroad.

Patrick Gathara is a communications consultant, writer, and award-winning political cartoonist based in Nairobi.

READ MORE AT:https://www.aljazeera.com/indepth/opinion/berlin-1884-remembering-conference-divided-africa-191115110808625.html

Time For An Awakening Radio Program

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“Time for an Awakening” with Bro.Elliott, 5-14-2014 guest Historian, Ashra Kwesi

https://www.timeforanawakening.com/wp-content/uploads/2020/02/Time-for-an-Awakening-with-Bro.Elliott-5-14-2014-guest-Ashra-Kwesi-The-African-Origin-Of-The-Bible-and-Koran-mp3.mp3Podcast: Play in new window | Download (Duration: 1:53:15 — 52.1MB) | EmbedSubscribe: Android | Email | RSS “Time For An Awakening” special guest for 5/14/2014 was Historian, Lecturer, and “Master Teacher” Ashra Kwesi. The “African Origin of the Bible and the Koran” was be the topic of conversation....

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Young Black Americans who want to explore their roots can take a free birthright trip to Africa. Here’s how

By Alaa Elassar

Scholars drumming with artisans from the Arts Centre Market in Accra, Ghana.

Scholars drumming with artisans from the Arts Centre Market in Accra, Ghana.

(CNN)There are a lot of things that make up who we are as people. Our physical features, our pet peeves, our passions — and our roots. It’s a puzzle we spend our entire lives trying to finish.As human beings, we are complex and difficult to understand. But sometimes, looking back at where we came from and discovering the successes, struggles and sacrifices of our ancestors can make that puzzle a bit more complete.For young black people, that discovery can mean the world. That’s why Birthright AFRICA, a nonprofit organization based in New York City, offers free trips to Africa for youth and young adults of African descent looking to explore their cultural roots. The organization also funds local and national exploration in cities like New York City and Washington, where scholars live and are a bus ride away from gaining an understanding of their history and contributions in the US before visiting the continent. “National Black History Month often focuses on the past, but this is about creating an infrastructure so that we can help people transform their futures,” Birthright AFRICA co-founder Diallo Shabazz told CNN.”This isn’t about validating black identity. It’s about providing an opportunity for people to explore their ancestry. “

An education you can’t find at school

One of Birthright AFRICA’s most important goals is giving young scholars the knowledge that the American school system often fails to provide.Those who go on the trip visit cultural sites, museums, universities, and organizations managed and led by people of African descent to learn about the “historic and present-day resilience and brilliance of their heritage often lacking in our school curriculums,” according to Birthright AFRICA co-founder and CEO Walla Elsheikh.While it’s been more than a half a century since the Supreme Court’s Brown v. Board of Education ruling found that “separate but equal” has no place in US public schools, true racial equality in our education system has yet to exist.

Scholars on a Birthright AFRICA trip to Ghana in 2017.

Scholars on a Birthright AFRICA trip to Ghana in 2017.Schools with more black students are less likely to provide counselors, offer advanced classes, and hire teachers with proper licenses. Consequently, black students are more likely to be absent from school and get suspended. Although black students in colleges have more access (and freedom) to choose their own courses, when it comes to study abroad programs, the lack of diversity and equal opportunities continues.”Only 6% of study abroad students are black or of African descent. And only 2% of US managers, leaders, and entrepreneurs are of African descent,” Elsheikh said.”To address this gap in diversity and talent, Birthright AFRICA is creating the next generation of global leaders and entrepreneurs that are proud of their African heritage, confident in their innovative aspirations and connected to the African continent.”

“My life will never be the same”

While tourists visiting Africa are more likely to remember the food or safaris, those who have taken the birthright trip have something else to cherish.For Shaina Louis, a 23-year-old Haitian student born and raised in New York, her birthright trip to Ghana in 2018 as a student at the City University of New York gave her one thing she’d never expected to find: closure. “Prior to Birthright Africa, I had a lot of pent up resentment and antagonism due to a history that I felt my people had no say in. For those of us in the diaspora, our history, according to the textbooks, starts with slavery. I was doubtful and kind of cynical about what the future held not only for me as an individual, but also for black people as a whole,” Louis told CNN.After years of wondering where she fit in in a world where her ancestors were “stifled” and doubting the connection between Africa and those whose were forced to leave, Louis finally got the answers to all of her unspoken questions.”We may not speak the same language, but the foods we eat, the way we carry ourselves, the way we relate to one another, and our deeply ingrained spirituality reflect a bond that is still there,” she said. “There is a sense of inner peace and ease I now have, that wasn’t there before. I can move forward with my life, with intention behind everything I do.”

Scholars dancing with a professor from the University of Ghana's Performing Arts School in Accra, Ghana in 2018.

Scholars dancing with a professor from the University of Ghana’s Performing Arts School in Accra, Ghana in 2018.Kareem Williams, a 26-year-old scholar who went to Ghana on his birthright trip in 2019 as a participant of community-based GrowHouse NYC, said he felt extremely disconnected from his Jamaican roots while growing up in New York. What surprised Williams the most, he said, was the kindness he received from people in the country. Unlike the “feeling of separation” he’s experienced in the US, for once, he felt like he belonged. “Before I had even touched down in Ghana, the energy I felt as I got closer to Africa, I felt a rush, a vibration, and it was so strong,” Williams said. “It felt like something was pulling me towards the country. It felt surreal.”Visiting Ghana, he said, made him feel that he had a place where he didn’t have to “constantly face resistance,” an environment — and a system — that would help him thrive instead of hold him back.”It has to do with the American system. There’s so much prejudice and micro aggressions that I didn’t feel in Ghana. I felt so connected to my ancestors for the first time. When I came back to the US, I realized how much it changed me. Like my life will never be the same.”Now, Williams says he plans to someday return to Africa in hopes of getting into a position where he can become a global leader with the ability to influence reform, economic decisions, and infrastructure to collaboratively strengthen African businesses and communities.

What it takes to take a birthright trip to Africa

To take a birthright trip to Africa, you have to be a US citizen and between 13 to 30 years old.You also have to be of African descent; this includes African American, Afro-Caribbean, Afro-Europeans, Afro-Asian and Afro-Latinx, according to Elsheikh.”We consider all black people of African descent,” Elsheikh said. “Our target groups are those who have been negatively impacted by the traumatizing enslavement and colonization of black people.”Birthright AFRICA collaborates with high school, college, or community-based organization who are then considered “partners.” These educational partners select the participants and the country they will visit as part of the Birthright AFRICA program.Anyone who isn’t already a part of one of these education partners can register through the Birthright AFRICA website which will then redirect them to a partner in their area with available spaces where they can apply. Those who take the trip to Africa get to go for free — flights, hotels, food, and costs of museums are covered by Birthright AFRICA and the educational partners.For those who aren’t interested in a trip but would like to help fund them, Birthright AFRICA heavily relies on donations to make these life-changing trips possible.

CNN’s Saeed Ahmed contributed to this report.

READ MORE AT: https://www.cnn.com/2020/02/03/us/africa-birthright-program-national-black-history-month-trnd/index.html

AND https://birthrightafrica.org/

“Time for an Awakening” with Bro.Elliott 1-19-20 guest Omowale Afrika

“Time For An Awakening” for Sunday 1/19/2020 at 7:00 PM (EST) our guest was Vice Shenuti for the Philadelphia Chapter of Afrocentricity International, Omowale Afrika. We heared from Bro. Omowale about the current outreach, and overview of the upcoming lecture series at Phila. chapter of Afrocentricity International.

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