Attorney Fights For Black Farmers After Her Family’s Land Was Stolen

Jillian Hishaw is fighting for Black farmers who faced discrimination, after her own family lost their Oklahoma farm due to theft.

The author, agricultural attorney, and nonprofit leader wants to make sure the families of mostly older Black farmers feel peace of mind before they pass away. She believes her actions can help restore the legacy her grandfather wanted her to leave, according to Capital B.

But, the fight hasn’t been easy for Hishaw. She told the outlet, “With all of the [lawsuits] filed by the white farmers, they got discovery within days, and they got an injunction within days … for me representing all Black farmers, whether it’s in front of whatever court, they’re not even giving me discovery,” she said.

Hishaw is fighting for farmers like Marvin Smith in rural Georgia. Smith is battling to protect his family’s 600 acres of land that was purchased in 1926.

The private Sandersville Railroad Co. is trying to seize the property through eminent domain for a new railroad, despite resistance from Smith and other Black residents who refused to sell, Capital B reported.

Smith testified during a four-day hearing in November 2023. “The American dream says if you play by the rules and work hard, justice will prevail and you will be rewarded. It never occurred to me … over 43 years of playing by the rules … I would end up in a position where my land could be taken through eminent domain,” he said. The land has been used to pay for education and is still being farmed today, Capital B noted.

Sandersville’s president, Benjamin Tarbutton III, believes economic development and jobs are most important, stating, “The American dream starts with a job.” He claimed he wanted to seize the land for his railroad to create jobs, Capital B reported.

Despite barriers, Black families press on to preserve their land legacy. Attorney Bill Maurer with the Institute for Justice, who represents Sparta property owners, questioned Tarbutton. “Do you think part of the American dream is having property without it being taken for others use?” he asks.

This clash represents the ongoing struggle by Black families across America to retain their land against racism, discrimination, and theft.