Reparations for Black Land Loss

Over the twentieth century, Black families lost approximately 90% of the land they managed to acquire after the abolition of slavery, or between 1865 and 1919. They lost these lands in a range of coercive ways, including through forced partitions resulting from lands becoming fractionated or heir’s property; the destruction of title records; uncompensated municipal takings; direct threats and terror, and more. While much attention has recently come to the issue of heir’s property, we are still learning about the myriad ways that the law has been an instrument of Black land dispossession, and the ways that it can be mobilized for its restitution. For example, the landmark Bruce’s Beach case resulted in the return of valuable beachfront property in Manhattan Beach to the Bruce family in 2022. This spring we will be focusing on the 1963 demolition of the unincorporated community of Russell City in Hayward County, California.

Students enrolled in this practicum will engage in 2 units of fieldwork working with attorney Sadara DeVonne, Professor Park, and other experts to serve Black families seeking restitution and repair for the dispossession of their land. In pairs, students will work to assess, research, and prepare legal claims for reparations. The 2-credit seminar will provide students with practical training alongside a discussion of substantive topics including the history, mechanisms, and consequences of Black land loss over the twentieth century and the legal landscape of reparations. In the seminar, students will learn to conduct historical and legal research on title claims and relevant legal doctrines, as well as about best practices in serving clients, including client interviewing, and client counseling. Each student will produce one narrative summarizing the historical, social and legal circumstances that led to clients’ loss of land, including an analysis of potential legal claims and strategy.