Settlement FAQs

what is the black farmers settlement

by Amari Kreiger Published 3 years ago Updated 2 years ago
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Judge Approves $1.25B Settlement in Black Farmers' Class Action. A federal judge Friday granted preliminary approval of the $1.25 billion class action settlement in decades-old discrimination cases brought by against black farmers.Mar 15, 2022

Full Answer

Did the Pigford settlements make black farmers whole?

Known as Pigford I and II, two class-action lawsuits against the USDA paid out $2.3 billion to Black farmers who alleged racial discrimination in the department’s allocation of farm loans and assistance beginning in 1983. The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

Did USDA do enough to deal with the black farmers'lawsuit?

And in dealing with the black farmers' lawsuit, the former brass at USDA certainly didn't do much to dispel such criticism. Pigford is actually the last of several lawsuits brought by black farmers against USDA.

How did the US government discriminate against black farmers?

In 1965, the US Commission on Civil Rights found that the USDA discriminated against Black farmers when providing financial assistance payments and loans. In 1999, the Clinton administration admitted that the USDA’s loan practices were discriminatory, in what is now known as the Pigford settlement.

How much are the black farmers discrimination litigation cy pres funds worth?

Lead Class Counsel in the In re Black Farmers Discrimination Litigation (Consolidated Case) are pleased to announce details about the Black Farmers Discrimination Litigation (BFDL) Cy Pres Funds, which are approximately $12 million in settlement funds remaining following the final deadline for successful claimants to cash their settlement checks.

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Why was the black farmers class action lawsuit filed?

In 2004, the Black Farmers and Agriculturalists Association (BFAA) filed a US$20.5 billion class action lawsuit against the USDA for the same practices, alleging racially discriminatory practices between 1997 and 2004. The lawsuit was dismissed when the BFAA failed to show it had standing to bring the suit.

How much land do black farmers own?

Today, Black farmers own only about 1% of US farmland.

What was the main way that African American farmers?

What was the main way that African American farmers got out of the debt that they incurred as sharecroppers? They fled to the North and West to leave their debts behind.

What is the Pigford settlement?

In 1999, a federal district court judge approved a settlement agreement and consent decree in Pigford v. Glickman,1 a class action discrimination suit between the U.S. Department of Agriculture (USDA) and black farmers.

How much was 40 acres and a mule worth?

The long-term financial implications of this reversal is staggering; by some estimates, the value of 40 acres and mule for those 40,000 freed slaves would be worth $640 billion today.

What state has most black farmers?

TexasSource: USDA NASS, 2012 Census of Agriculture. Texas has more black farmers than any other state, but they make up only 3 percent of the state's total farmers. Black farmers make up a larger share of total farmers in Mississippi (12%), Louisiana (7%), South Carolina (7%), Alabama (6%), and Georgia (4%).

How did black farmers lose their land?

It found that the primary reason for the land loss was the heir property policy and that family owned land was easily lost in loans and other encumbrances.

Why is black farming important?

It's important that we center Black farmers because health disparities are rising among Black people that contribute to them not having the access to proper health care, to proper food accessibility, and the systems that have been created to help continue the barriers for black people to be healthy and to thrive.”

Why did so many African American farmers lose their land after the Great Depression?

How southern black farmers were forced from their land, and their heritage. African Americans have lost millions of acres of farmland across the South during the last century, in a trend propelled by economic forces, racism and white economic and political power. Most of the losses occurred since the 1950s.

What is the largest civil rights settlement in history?

consolidated PigfordThe consolidated Pigford and Brewington cases were settled by the parties in 1999 and became the largest civil rights settlement in history.

How does USDA distorted data to conceal decades of discrimination against black farmers?

An investigation by The Counter found that USDA promoted misleading data to depict a fictional renaissance in Black farming. That narrative falsely inflated the department's record on civil rights—and ultimately cost Black farmers land, money, and agency.

How much land did black farmers lose?

African-American farmers lost about $326 billion worth of land in the U.S. due to discrimination during the 20th century, a study found. From 1922 to 1997, Black farmers in 17 American states saw a precipitous decline in their acreage caused by state-sanctioned violence and intimidation, according to the paper.

Why are black farmers losing their land?

The land loss was due to discriminatory USDA lending policies and forced sales of co-owned land called heirs' property, among other factors, the study said.

What percentage of American farmers are black?

Today, just 1.4 percent of farmers identify as Black or mixed race compared with about 14 percent 100 years ago. These farmers represent less than 0.5 percent of total US farm sales (Exhibit 1).

How much of America is owned by African American?

African Americans, despite making up 13 percent of the population, own less than 1 percent of rural land in the country. The combined value of this land: $ 14 billion. White Americans, by comparison, own more than 98 percent of U.S. land amounting to 856 million acres with a total worth of over $1 trillion.

Why did black farmers gather outside the White House gates?

Two years later, a group of black farmers assembled outside the White House gates to protest racism within USDA. The national media covered the assemblage and aired the group's charges.

How much did the USDA spend on settlement ads?

Meanwhile, USDA spent over $400,000 taking out ads on the settlement in a variety of print media and on television. The push was on. According to one Delta farmer who attended class-counsel meetings, attorneys promised “easy money quick. They wanted as many names on the signup sheet as possible.

Why was Pigford filed?

Chief among the reasons are that Pigford was filed on behalf of black farmers alone for a specific time period and, most importantly, the political climate was ripe for the charges. In 1994, Dan Glickman was named secretary of agriculture, replacing Mississippian Mike Espy.

What was the last lawsuit against the USDA?

Pigford is actually the last of several lawsuits brought by black farmers against USDA. As late as 1995, a lawsuit charging USDA with racism against not only blacks but also Hispanics was filed in Washington, D.C. Titled Williams vs. Glickman, the suit was quickly given the boot by Judge Tom Flannery, who said the suit wasn't worthy of class-action status.

What ethnic groups have filed lawsuits against the USDA?

Meanwhile, from all colors of the ethnic rainbow, copycat lawsuits have sprung up. American Indians, Asians, Hispanics and whites have all filed, or are preparing to file, separate suits alleging discrimination and incompetence at the hands of USDA agencies.

Is there discrimination within the USDA?

Few would argue that there haven't been instances of discrimination within USDA agencies in the past. But with so many groups leveling the charge and telling essentially the same story (late FSA loans resulting in late planting and poor yields, bad book-keeping, failure to disclose loan options or new programs properly, etc.), the overriding charge should perhaps shift from discrimination to simple bureaucratic ineptitude. And in dealing with the black farmers' lawsuit, the former brass at USDA certainly didn't do much to dispel such criticism.

When did the black caucus pass the waiver?

The black caucus pushed legislation through Congress that opened the window of discrimination complaints to include anything between Jan. 1, 1981, and Dec. 31, 1996. The waiver was passed as an amendment to the (fiscal year) 1999 agriculture appropriations bill.

Why did the New Deal affect the Black farmers?

Part of the reason was displacement of Black farmers due to New Deal legislation, whose purpose was to help farmers by paying them to reduce crop production, thereby forcing food prices to rise. But white farmers used the money to purchase mechanical farming equipment and pushed out Black sharecroppers whose work was no longer needed due to the decreased production.

How many black farmers were there in 1920?

Black farmers peaked in number in 1920 when there were 949,889 ; today there are only 48,697; they account for only 1.4% of the country’s 3.4 million farmers (95% of US farmers are white) and own 0.52% of America’s farmland. Part of the reason was displacement of Black farmers due to New Deal legislation, whose purpose was to help farmers by paying ...

What was the Pigford Settlement?

In 1999, the Clinton administration admitted that the USDA’s loan practices were discriminatory, in what is now known as the Pigford Settlement. The Pigford Settlement was named for ...

What is the need that may seem new but points to a historic problem?

Another need that may seem new but points to a historic problem is means of communication. Washington says many Black farmers were upset about how payments from the Trump administration’s tariffs were rolled out. “And that leads to another thing you hear about: access to broadband technology in some of these communities. USDA is increasing its reliance on using that vehicle as a way to push out information, forgetting that a lot of people just don’t have access.”

Who was the lead plaintiff in the Pigford settlement?

The Pigford settlement was named for the Black farmer Timothy Pigford of North Carolina, who was the lead plaintiff in a victorious 1997 class-action lawsuit – still the largest civil rights settlement ever won against the federal government. It was supposed to pay just over $1bn to Black farmers, but less than 16,000 payments were received, even though more than 22,000 claims were filed.

Is farming while black easier?

Farming while Black, according to Rodney Bradshaw, never gets any easier. “My feeling before [the injunction] was that we’re finally getting some justice that was due to us after the Pigford agreement [a discrimination settlement in the late 1990s]. Now, it’s that promises to Black farmers are always put on hold,” says Bradshaw, of Jetmore, Kansas.

Who speaks regularly with black farmers?

Washington speaks regularly with Black farmers and recently held conversations through a partnership with Tuskegee University to get information on the effects of Covid-19 in the Black farming community.

Boyd Calls Out PepsiCo For ALL Talk and NO Contracts For National Black Farmer Members

BASKERVILLE, Va., Jan. 27, 2022 /PRNewswire/ -- John Boyd, president of the National Black Farmers Association (NBFA), today called out PepsiCo for Continued Discrimination after a year and half of ALL talk and NO contract following a verbal commitment.

Push for Equality

PUSH FOR EQUALITY: John Boyd, president and founder of the National Black Farmer’s Association, discusses supply chain issues, the fight for promised aid and federal relief.

State of Black Farmers

Chairman David Scott hosted a hearing with National Black Farmer President John Boyd, Jr. and others on March 25, 2021 at 12 pm.

Who is the claimant in a settlement?

The Claimant is the Class Member who meets the requirements of the Settlement for a Class Member. The Submitter is the person who is filing the claim on behalf of the Claimant because the Claimant is deceased or unable to submit the Claim Form him or herself due to a physical or mental limitation.

What is a general settlement?

What is a Class Action? In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. All these people together are a “Class” or “Class Members.”. One court decides all the issues in the lawsuit for all the Class Members.

How much money did Congress give to settle the USDA lawsuit?

Congress has provided $1.25 billion to settle this lawsuit. This money is called the Settlement Fund. After deducting certain amounts, including the costs of administering this Settlement and attorneys’ fees and expenses, the remaining Settlement Fund will be distributed to Class Members whose claims are approved by a Court-appointed Neutral. In addition to cash payments, the Settlement will also provide reductions or forgiveness of USDA loans for certain Class Members who qualify, in addition to payments to cover additional income tax you may owe as a result of your award.

When was Pigford v. Glickman settled?

In 1999, a lawsuit called Pigford v. Glickman (“Pigford”) was settled. The lawsuit involved claims by African American farmers that the USDA had discriminated against them between 1981 and 1996 based on race, wrongfully denying them farm loans, loan servicing, and other benefits, or giving them loans with unfair terms.

When was the late filing request for Pigford denied?

The Late-Filing Request had to be submitted by September 15, 2000. If those people could not demonstrate that that their late filing was due to “extraordinary circumstances beyond their control,” their claim request in Pigford was denied. These people are called “Late Filers.”.

When was the late filing deadline for the Pigford settlement?

The Court in Pigford allowed people to file a petition (“Late-Filing Request”) to request that their claims be considered after the original claims deadline (October 12, 1999).

How does a lawyer's fee work in a settlement?

If you hired your own lawyer, that lawyer’s fee will be subtracted by the Claims Administrator from the amount you receive from the Settlement. There are limits on what that fee may be:

How many black farmers are there in the US?

Of the 3.4 million farmers in the United States today, only 45,000 are Black, according to the USDA, down from 1 million a century ago. Black farmland ownership peaked in 1910 at 16 to 19 million acres, about 14 percent of total agricultural land, according to the Census of Agriculture. A century later, 90 percent of that land had been lost. White farmers now account for 98 percent of the acres, according to USDA data.

How much did the average black farmer make in 2017?

The Center for American Progress found that in 2017, the average full-time White farmer brought in $17,190 in farm income, while the average full-time Black farmer made just $2,408. Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

How did discrimination start?

Discrimination started a century ago with a series of federal Homestead Acts that offered mainly White settlers deeply subsidized land. Since then, local U.S. Department of Agriculture offices charged with distributing loans have frequently been found to deny Black farmers access to credit and to ignore or delay loan applications. Many Black farmers don’t have clear title to their land, which makes them ineligible for certain USDA loans to purchase livestock or cover the cost of planting, and they have seldom benefited from subsidy payments or trade mitigation compensation — almost all of President Donald Trump’s $28 billion bailout for those affected by the China trade war went to White farmers.

How many senators voted against the relief for farmers of color?

The relief for farmers of color did not go unchallenged in Congress, with 49 Republican senators voting against it.

What are the consequences of the USDA's own practices?

Many civil rights advocates say the USDA’s own practices have resulted in the loss of land and generational wealth for Black families.

Who introduced the Farmers of Color Act?

The framework for this part of the bill drew from the Emergency Relief for Farmers of Color Act, introduced by Sen. Raphael G. Warnock (D-Ga.) and joined by Democratic Sens. Cory Booker (N.J.), Ben Ray Luján (N.M.) and Debbie Stabenow (Mich.).

Did Pigford make black farmers whole?

The Pigford settlements, however, did not make Black farmers whole, according to McCurty.

When was the Packers and Stockyards Act amended?

The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192) the following:

What is USDA 1890?

USDA/1890 National Scholars Program. “ (a) Definition of program .—In this section, the term ‘program’ means the USDA/1890 National Scholars Program established by the Secretary. “ (b) Authorization .—The Secretary shall continue to carry out the program.

What is section 2 of the Packers and Stockyards Act?

(1) in paragraph (8), by striking “for slaughter” and all that follows through “of such poultry” and inserting “under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person ”;

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