gregory alexander on dispossession and restitution
Gregory S. Alexander, ‘The Complexities of Land Reparations’, Law & Social Inquiry (early view 2013).
The question whether unjust dispossessions of land perpetrated on whole peoples in the past should be corrected by restitution in kind, that is, granting reparations in the form of returning land to the dispossessed former owners or their present-day successors, is substantially more complex than the questions posed by other forms of reparations. I argue that the complexities involved in all the situations where claims for land reparations are made to correct historic injustices give us good reasons to be hesitant about granting such claims. At the same time, we should not dismiss such claims out of hand. Reparations that take a form other than restitution of dispossessed land may be both necessary and sufficient to establish a public marker of acknowledgment.
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The Lakota have proposed for the Black Hills that all currently owner occupied lands have title expire in two generations if owner occupied. Lands unoccupied by owners revert in something like 10 years and the rest of title holders to stolen land have a respectful time for families to transition – this seems a very fair minded approach