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April 15, 2022 Feature

Speakers Discuss African American Land Reclamation and Reparation

Patricia Whelan

Property ownership is a significant financial building block for families. Notably, in 2017, the racial homeownership gap remained significant—79.1% of white Americans owned a home versus only 41.8% of those who are Black. The homeownership gap is a legacy of general housing and lending discrimination through restrictive covenants, redlining, and other lending practices. On February 10, 2022, the Section of State & Local Government Law held the virtual panel, “Restoring Taken African American Land, Reclamation or Reparations,” at the Mid-Year Meeting. The panelists discussed local, state, and federal efforts to restore land taken without due process, to African Americans.

One of those panelists was Steven Bradford, State Senator of California’s 35th District and a member of California’s Task Force to Study and Develop Reparations Proposals for African Americans. He authored SB 796, authorizing the County of Los Angeles to return the beachfront property known as Bruce’s Beach to the Bruce family. Congressman Hank Johnson, another panelists, is Representative for Georgia’s Fourth Congressional District and introduced the “Tulsa Greenwood Massacre Claims Accountability Act,” H.R. 3466, on May 21, 2021.

Michael Jenkins, a partner at Best Best & Krieger, who serves as City Attorney for three California cities and General Counsel to a number of municipal districts Councils, was the third panelist. He is a former member of the task force that was created to study the history of Bruce’s Beach in Manhattan Beach, California.

Jenkins recounted the history of Bruce’s Beach, located in the city of Manhattan Beach. In 1912, the Bruce family built a resort for Black people, and from 1912 until around 1920, other Black families purchased property around it. White neighbors routinely harassed the community, using fires, vandalism, police intimidation, and even barricades. In 1924, the Town Board used eminent domain to acquire the Bruce’s property under the guise of the need for a park, which the town did not develop until 30 years later.

In 2007, Manhattan Beach’s first and only Black council member raised awareness of the issue. Fifteen years, a task force, and countless meetings later, the current council refused to issue an apology. After learning Los Angeles County currently retains ownership of the site, County Supervisor Janice Hahn initiated a reparations process and coordinated with Senator Bradford. Together, they oversaw the passage of SB 796, which returned land to the Bruce family. Bradford believes this law can be an example for reparations moving forward. Governor Gavin Newsome appointed him to the CA AB 3121 Task Force to Study Reparations.

During the panel discussion, Johnson spoke about the Tulsa Race Massacre. On May 31 and June 1, 1931, a white mob looted and burned to the ground one of the wealthiest Black communities in the country, the Greenwood community of Tulsa, Oklahoma, known then as the Black Wall Street. Thirty-five city blocks laid in ruins, 300 Black people were dead, and 6,000 were in internment camps. Black-owned land ended up in the hands of white people. The Tulsa Race Massacre illustrates the need for reparation throughout the country to account for slavery and its residual legacy. While Johnson stated he does not believe current legislation will pass Congress, he believes the idea is gaining traction overall as current estimates state 30% of all Americans endorse reparative justice for Black Americans. Johnson also spoke in support of H.R. 40, which creates a Federal commission to study the subject of reparations to African Americans.

Katharine H. Kinsman, Editor of State & Local Law News, moderated the panel.

If you are interested in further coverage of the panel session, please see the ABA Storylink article at https://ambar.org/22blackgains

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Patricia Whelan

Patricia T. Whelan is a JD candidate at Albany Law School and law clerk at Pierro, Connor & Strauss, LLC, in Latham, New York. She previously served as Law Student Liaison for the Section of State & Local Government Law. She is on the Albany Law Review in Albany, New York.