The Fight Against Heir's Property Laws in the US
TLDR Families, particularly African-American ones, are at risk of losing valuable land due to outdated heir's property laws, but advocates like Thomas Mitchell are working to reform the system and protect these assets. Mitchell's efforts have led to improved laws in 17 states, but challenges remain, especially in states like Louisiana where families continue to lose land through sheriff sales and partition actions.
Timestamped Summary
00:00
A man's family land, rich with memories and history, is at risk of being lost due to a centuries-old legal system.
03:50
A man's family land, rich with history dating back to a former slave's land grant, is at risk of being auctioned off due to the complexities of heirs' property ownership.
07:17
A white man named W. G. Dowden acquired a share of Fred Wardlaw's family land through a series of transactions dating back to 1980, leading to a court ruling that the entire land should be auctioned off to split the proceeds among all joint owners.
10:41
A young black lawyer named Thomas Mitchell discovered the immense amount of land lost by black families due to heir's property laws, leading him to investigate and advocate for changes in the system.
14:11
African-American families with heir's property faced forced sales by developers exploiting the system's flaws to acquire valuable land for very little money, leading to a cycle of loss and exploitation.
17:22
Thomas Mitchell and his team worked on creating a better version of the law around heir's property, which included giving other shareholders the option to buy out those wanting to sell, considering non-monetary factors, and ensuring fair sales on the open market, eventually leading to the adoption of this improved law in 17 states across the country.
20:33
Southern states have been leading the way in passing Thomas Mitchell's improved law around heir's property, but Louisiana still lacks many of the key features, resulting in families like Fred Wardlaw's losing their land through sheriff sales and partition actions.
24:02
The podcast episode "How Jacob Loud's Land Was Lost" concludes with acknowledgements to contributors and sponsors, including special thanks to Adrian Wheeler at Louisiana Appleseed and Professor John Lovett from Loyola, New Orleans Law School.