Unearthing the Historic Impact of Land Theft On Black and Indegenous People

Meet Jillian Hishaw, a recognized expert in the area of agricultural law and policy. A MacArthur Recipient (via F.A.R.M.S.), agricultural lawyer, and Founder and C.E.O. of F.A.R.M.S., she has committed her life to serving as an advocate for Black farmers who often face major obstacles and barriers in retaining their farms

Her first book, entitled Don’t Bet The Farm On Medicaid explores how long-term care facilities in the U.S. often strong arm residents by placing a lien on their property. This in turn forces a sale if an outstanding debt is owed. As a champion for these property owners, Jillian has over 15 years of experience in the areas of civil rights, land protection, and agricultural policy. 

In 2021, she wrote the book “Systematic Land Theft” which examines how land has been taken and lost in Black and Indigenous communities. In it she exposes a sobering reality — that white’s presently own over 95% of the farmland in the United States. This, she says, is largely due to the historic misappropriation of tribal lands and the exploitation of enslaved African labor. 

Throughout the book’s pages, Jillian offers an in-depth exegesis of how stolen tribal land was utilized by white settlers and the federal government as collateral to gain an economic advantage over other cultural and racial groups. 

Please share a bit about what inspired you to explore how land was stolen and lost from Black and Indigenous communities across the U.S.

JH: I wrote "Systematic Land Theft," in dedication to my grandfather who was raised on a farm. It provides a look at how my family lost ownership of the property as a result of a dishonest lawyer. The book goes on to describe the history of how Black and Indigenous people have experienced land theft due to scrupulous tactics supported by English common law. All of this became a major factor in why I became an agricultural lawyer and established F.A.R.M.S., an international non-profit that provides technical services to small rural farmers and landowners. Through our work, F.A.R.M.S., has prevented over $5 million in real-estate loss. 

What was your biggest surprise discovery in researching your book “Systematic Land Theft?” What one misconception do you commonly hear when it comes to land theft issues? 

JH: My biggest discovery was learning about the extensive history of some Tribal Nations and their ownership of enslaved Africans.  One of the biggest misconceptions is that European Whites were the sole owners of enslaved Africans when in turn ownership was at the hands of some Tribal Nations as well. 

How does the history of European settlements in the U.S. inform the land theft narrative faced by Black and Tribal communities? 

JH: It highlights how present-day laws from the past continue to enrich affluent groups across the U.S., while having the effect of disenfranchising Blacks and Tribal communities from their land.  

Can you offer some insight into the financial as well as legacy impact of land loss on the future of Black America? What sort of solutions do you offer in terms of stemming this tide? 

JH: Some estimate that the loss of land in the Black community over the past decade exceeds over $350 billion. Numerous resolutions are outlined in the latter part of the full edition of my book “Systematic Land Theft.”

In your book you profile states like Kansas and Oklahoma and their long history of Black farming. Can you share a bit about what the average person doesn’t know about this? 

JH: In 1905, the state of Oklahoma had the highest number of Black landowners, owning 1.5 million acres with a market value worth $11 million. My grandfather was raised on a farm in that state. Many people don’t realize that during the Removal Period when many Tribal Nations were forced off of their land in the Southeast and forced to move to Oklahoma, thousands of enslaved Africans were dragged along as chattel in what is known as the “Trail of Tears.” This is because those Tribal Nations often owned enslaved Africans. My great, great grandmother was one of those enslaved individuals.

What is your greatest hope in terms of what readers of your book “Systematic Land Theft” walk away with?

JH: It took me 14 years to write it and my other books because I want to provide a thorough history about U.S. land theft and enslaved Africans like my ancestors.  The history that “Systematic Land Theft” highlights is incomparable to any other book. It offers a great way to start a conversation about the disparity of wealth around the world as well as the need to teach the facts about the history of land and natural resource dispossession of Indigenous and Black owned land.

Where can readers purchase “Systematic Land Theft” and your other books?

JH: Readers can purchase the paperback full book at www.jillianhishaw.com, at Malik Books in Los Angeles, CA, at the Listening Tree in Atlanta, GA and at other bookstores. Readers will also enjoy my other books which include “Don’t Bet the Farm on Medicaid” and “50 U.S. Flags and their Historic Symbolism” which can all be purchased at www.jillianhishaw.com.  

Besides your books, are there any others that you would recommend to readers who want to learn more about these historical themes? 

JH: The Whiteness of Wealth by Dorothy Brown, Evicted by Matthew Desmond and The Color of Law by Richard Rothstein

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