Wealth Matters: Loss of Black Land Ownership
"Finders Keepers, Loser 's Weepers." --Unknown
Introduction Finders keepers, losers weepers is a childhood adage that means whatever a person finds can be kept and whatever a person loses cannot be reclaimed. There is no principle of law that supports an individual is entitled to keep whatever is found while the original owner bears the loss. Principles related to personal and real property lost by one individual and found by another have been expressed in various ways over the centuries. The law of lost and found is rooted in ancient Roman laws and the concept of finders keepers derived from the work of the second century jurist Gaius, who suggested that unowned property (res nullius) became “the property of the first taker.” Emperor Justinian of Rome further proposed that property intentionally abandoned by its owner (res derelicta) turned into no one 's property (res nullius) and could thereafter be claimed by any individual who found it (occupatio). Not all things left abandoned fall within the category of lost and found. Adverse possession is a method by which a person who acquires another individual 's land/property (property) for a specified period of time may gain title to that property. The concept of adverse possession has existed for more than five thousand years and is used in the same manner today, as it was under the reign of Hammurabi, who established the eminence of Babylon during the seventeenth century. “If a man leaves his house, garden, and field … and someone else takes possession of it for three years...he who has taken possession of it shall continue to use it." Today, the legal doctrine of adverse possession derives from a combination of statutes and court decisions. During the eighteenth and nineteenth centuries, ownership of land represented wealth and allowed landowners and their heirs to make investments, establish a residence, build businesses as well as become prominent leaders within their communities. Post-Civil War, more than a million African-Americans (Blacks) rented, worked and/or farmed the land for other land owners until they were able to acquire their own. During Reconstruction, the first generation of Black landowners established communities, built churches and schools, created businesses, formed civic and social organizations, operated their farms as well as developed other forms of employment, and increased their economic stability. During the 20th century, Blacks were estimated to have owned fifteen million acres of land, but by this time, the second generation of Black landowners had grown disenchanted with the harsh realities of Jim Crow and perceived they would have a better quality of life and obtain higher wages if they sold their property and migrated to the urban cities. Contrary to the voluntary sales, Black landowners also lost property due to partition and tax sales, foreclosures, intestacy and property liens. Although Black land ownership rapidly declined through legal means, there is documented evidence that Black owned properties were also taken through violent techniques and adversely possessed. My thesis statement is “property ownership is the greatest source of acquired wealth, but due to complexities in land ownership, inaccessibility to legal …show more content…
Poor White landowners were also unfairly mistreated by railroad, lumber and mining companies that forced them to sell their properties below fair market value. Sadly, by 1910, Blacks had acquired fifteen million acres of land, but a century later, own less than seven million acres and less than one percent is farmland. The decline in Black land ownership includes issues related to complex property ownership, inaccessibility to legal counsel, and unjust, violent, and legally exploitive techniques. Whether it is an acre, parcel or city block, land ownership is of vital importance because the United States is a capitalistic society. Land ownership is used to create income, develop communities, start businesses, build schools, provide social and civic organizations and most importantly, increase political power. The generational wealth of a child is closely related to that of his parents and the current economic opportunity across racial lines remains unequal. The loss of Black land ownership has had a negative effect on economic opportunities within the Black community. If the rate of Black land ownership continues to decline, there will continue to be an inability for grandparents and parents to leave an inheritance to their
"Finders Keepers, Loser 's Weepers." --Unknown
Introduction Finders keepers, losers weepers is a childhood adage that means whatever a person finds can be kept and whatever a person loses cannot be reclaimed. There is no principle of law that supports an individual is entitled to keep whatever is found while the original owner bears the loss. Principles related to personal and real property lost by one individual and found by another have been expressed in various ways over the centuries. The law of lost and found is rooted in ancient Roman laws and the concept of finders keepers derived from the work of the second century jurist Gaius, who suggested that unowned property (res nullius) became “the property of the first taker.” Emperor Justinian of Rome further proposed that property intentionally abandoned by its owner (res derelicta) turned into no one 's property (res nullius) and could thereafter be claimed by any individual who found it (occupatio). Not all things left abandoned fall within the category of lost and found. Adverse possession is a method by which a person who acquires another individual 's land/property (property) for a specified period of time may gain title to that property. The concept of adverse possession has existed for more than five thousand years and is used in the same manner today, as it was under the reign of Hammurabi, who established the eminence of Babylon during the seventeenth century. “If a man leaves his house, garden, and field … and someone else takes possession of it for three years...he who has taken possession of it shall continue to use it." Today, the legal doctrine of adverse possession derives from a combination of statutes and court decisions. During the eighteenth and nineteenth centuries, ownership of land represented wealth and allowed landowners and their heirs to make investments, establish a residence, build businesses as well as become prominent leaders within their communities. Post-Civil War, more than a million African-Americans (Blacks) rented, worked and/or farmed the land for other land owners until they were able to acquire their own. During Reconstruction, the first generation of Black landowners established communities, built churches and schools, created businesses, formed civic and social organizations, operated their farms as well as developed other forms of employment, and increased their economic stability. During the 20th century, Blacks were estimated to have owned fifteen million acres of land, but by this time, the second generation of Black landowners had grown disenchanted with the harsh realities of Jim Crow and perceived they would have a better quality of life and obtain higher wages if they sold their property and migrated to the urban cities. Contrary to the voluntary sales, Black landowners also lost property due to partition and tax sales, foreclosures, intestacy and property liens. Although Black land ownership rapidly declined through legal means, there is documented evidence that Black owned properties were also taken through violent techniques and adversely possessed. My thesis statement is “property ownership is the greatest source of acquired wealth, but due to complexities in land ownership, inaccessibility to legal …show more content…
Poor White landowners were also unfairly mistreated by railroad, lumber and mining companies that forced them to sell their properties below fair market value. Sadly, by 1910, Blacks had acquired fifteen million acres of land, but a century later, own less than seven million acres and less than one percent is farmland. The decline in Black land ownership includes issues related to complex property ownership, inaccessibility to legal counsel, and unjust, violent, and legally exploitive techniques. Whether it is an acre, parcel or city block, land ownership is of vital importance because the United States is a capitalistic society. Land ownership is used to create income, develop communities, start businesses, build schools, provide social and civic organizations and most importantly, increase political power. The generational wealth of a child is closely related to that of his parents and the current economic opportunity across racial lines remains unequal. The loss of Black land ownership has had a negative effect on economic opportunities within the Black community. If the rate of Black land ownership continues to decline, there will continue to be an inability for grandparents and parents to leave an inheritance to their