The
behavior of America’s individuals among the powers that be is
sometimes erratic, sometimes idiosyncratic, and sometimes or often,
expressive of the power of great wealth in the life of the nation.
Such
is the move by Facebook founder and owner, billionaire Mark
Zuckerberg. He reportedly bought a “waterfront property”
on the island of Kauai, Hawaii, for $100 million, and then became
perturbed by the ownership of small parcels within his property by an
untold number of Hawaiians, whose parcels total little more than
eight acres.
However,
ownership of those small parcels goes back as far as the mid-19th
Century and it will be no small effort to locate all of them and
compensate them for the loss of their parcels. Zuckerberg wants to
compensate them and he’s said he wants to be a good neighbor to
those around his vacation property. When an ownership tradition,
legal or otherwise, goes that far back, there are bound to be many
descendants, whether it is on the mainland or on any of the islands
of Hawaii.
At
the end of December, Zuckerberg filed what are called “quiet
title lawsuits,” against a number of owners of the small
parcels. According to www.realestatelawyers.com,
“Quiet title lawsuits
are also common when a party that purchased a parcel of property at a
tax sale, sheriff’s sale or judicial sale attempts to resell
the parcel. When a quiet title lawsuit is filed in a court that has
jurisdiction to hear the case, the outcome will determine the party
who will be established as the rightful owner, and will terminate, or
quiet, the claims of ownership from all other parties.”
No
one actually knows how many “owners” there are of the
small parcels, because about seven or eight generations have passed
since the land was granted to Hawaiians of the mid-19th
Century. It is likely that many have no idea that they own a small
piece of land that Zuckerberg wants for himself, alone. The idea of
any of the great unwashed tramping across his land to reach their
small parcels must be galling to the young billionaire.
To
get an idea of what’s at stake, he owns 700 acres of what is
considered by many to be the tropical paradise of the American
landscape, Central Park in New York City covers an area of 843 acres,
slightly larger than Zuckerberg’s piece of paradise, and was
visited by some 40 million people in 2013. That, apparently, is what
Zuckerberg is trying to avoid. He doesn’t want any visitors
from among the (possible) hundreds of owners of the small parcels,
even if they have the right to cross his land to get to theirs. He
needs and demands his privacy. Population of Kauai was 67,091 in the
2010 census.
His
lawsuits reportedly have given the small parcel owners 20 days to
declare their ownership and receive what is considered by Zuckerberg
their just compensation for their interests. Many do not know they
are entitled to anything and will not respond and, therefore, will
not receive any compensation.
Although
it is not the same, that Zuckerberg’s lawsuits that aim to
protect his privacy on his 700 acres, it is similar to the
acquisition of black farmers’ land in the Deep South over a
period of decades in the 20th Century. The county
committees in the various states were, in effect, the U.S. Department
of Agriculture’s (USDA) representatives in those counties.
Many, if not most, of the committees were made up of white farmers
and the land owned by black farmers and their descendants were ripe
for the picking. In charge of parceling out farm loans, the county
committees made sure that black farmers went to the back of the line
for those loans. The end result, year after year, was that black
farmers might get their loans approved at the time when their white
counterparts’ crops already were half a foot high, a sure way
to bankrupt black farmers. This routine effort to put them off the
land worked and the land went (often) to nearby white farmers and was
the subject of a civil rights lawsuit against the USDA and the county
committees. The multi-billion-dollar lawsuits were successful to
some degree, but many farmers and landowners who lost their land
still have not been fully compensated.
One
of the problems in that case was the migration of black workers and
farmers to the north in the first half of the 20th
Century, to find work in the industrialized north, leaving behind
their interests in the land that had been passed down in their
families. One of the tricks that was employed by those who wanted
black families’ land was to find someone in Detroit, New York,
Philadelphia, Cleveland, or other cities and convince that person to
sell his or her share of the family farm or property (called heirs’
property). As a result, the farm or land would be partitioned for
sale, so the individual could realize his or her share of the land.
There
are other ways black farmers and their families could lose their
farms and land, but this was one of ways, other than direct sale
after bankruptcy. Otherwise, after generations, the land would
belong to an ever-increasing number of heirs who might have had no
connection to the land and may have been a generation or two removed
from it. By that process, the 20 million acres acquired by black
farmers between the end of the Civil War and 1920, was whittled down
to a fraction of that total and, as Gary Grant, president of Black
Farmers and Agriculturalists Association (BFFA) has said, “A
landless people is a powerless people.”
And,
what is the purpose of Zuckerberg’s lawsuits? He has said that
he wants to protect the land and the environment, in general, and
wants to be a good neighbor. However, it is very unlikely that he
would very often run into the small parcel owners on 700 acres, no
matter how often he hiked his land or how far he hiked. Seven
hundred acres is a very big piece of land, as anyone who has
attempted to walk the perimeter of Central Park two times knows.
That reduces the likely reason to one: he wants to know that the
entire piece is his and no one will be found treading on his ground
without permission. That should be easy for a multi-billionaire, as
it would only take a small army of gamekeepers.
The
minds of the very rich (even new rich) work in strange ways. They
make their money providing a small product or service to the masses,
but they don’t want those same masses to muck up their
property. They want to get away from those whose dollars they
accepted. As in days of old, the larger the land base, the more
powerful is the owner. Ted Turner, creator and founder of CNN and
also very rich, has been quoted as saying that he would like to ride
his horse from Canada to Mexico exclusively on his own land. That’s
quite an ambition and he is reportedly nearly able to do that. An
ambition like this is not what Zuckerberg has articulated.
Apparently, he just wants to get those pesky commoners off his
beachfront.
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