From Reconstruction to Deconstruction¶
Mitchell, T. W. (2001). From Reconstruction to Deconstruction: Undermining Black Landownership, Political Independence, and Community through Partition Sales of Tenancies in Common. Northwestern University Law Review, 95(2), 505-580.
Cited by¶
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Primes¶
- Anti-Commons Tragedy
- In fractional and inherited land ownership, land held by many co-heirs cannot be used or sold because each must consent, producing idle agricultural land and eroded wealth.
This sourceAnalyzes heirs'-property paralysis under tenancy-in-common: land held by many co-heirs, each holding a fractional interest, sits idle or is lost to forced partition sales because no single owner controls it — a consolidation remedy (the later Uniform Partition of Heirs Property Act) addresses the fragmented co-heir ownership.
- In fractional and inherited land ownership, land held by many co-heirs cannot be used or sold because each must consent, producing idle agricultural land and eroded wealth.
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