Heirs Property, Critical Race Theory, and Reparations☆

Abstract

AbstractWe use critical race theory (CRT) to examine the involuntary loss of land and homes among Black residents of the southeastern United States and in particular among the Gullah/Geechee. An Afro‐indigenous population, the Gullah/Geechee have deep roots in the federally designated Gullah/Geechee Cultural Heritage Corridor, an area of sea islands and coastal Lowcountry within 25 coastal counties in North and South Carolina, Georgia, and Florida. We identify legal vulnerabilities associated with heirs property, in particular tax sales and predatory partition actions, as mechanisms used within the legal system to dispossess owners of their land. Our use of CRT allows us to understand heirs property as a legacy of the Jim Crow era and to recognize material motivations behind continued racial discrimination that has led to involuntary land loss. CRT also leads us to consider the question of empowerment of the Gullah/Geechee population through a program of reparations for wrongful taking of land and homes since coastal development began roughly 70 years ago. One possible mechanism for reparations is to increase existing lodging taxes on coastal tourism along the Gullah/Geechee coast.