Although the phrase “DEI” has become like a political leper, which many do not want to touch in this political climate, diversity, equity, and inclusion in home and land ownership have remarkably been a 163-year staple. How so? 

“You have dysentery”

Have you ever played the O.G. video game Oregon Trail?

For those of us of the Oregon Trail game generation (hi, Gen. Xs and us so-called “geriatric” Millennials), we often risked getting dysentery traveling over 2,000 miles by wagon in 1847-18488 to get to Oregon, but let’s explain the context.

The Preemption Act of 1841 was the first major step towards what we now consider homesteading legislation, offering settlers the right to claim 160 acres of federal land at a fixed price of $1.25 per acre. This is about $45 in today’s money so the Oregon Trail game’s premise of dogmatically heading to Oregon (and out west) in 1847 makes sense!

However, the Preemption Act of 1841 explicitly limited eligibility to white U.S. citizens or immigrants actively seeking U.S. citizenship. While not explicitly banning white women, societal norms and legal barriers often prevented single, white women from acting as “heads of households” in practice. However, white widows or white women managing estates could sometimes qualify. 

The 1862 Homestead Act was an inflection point that codified, likely for the first time the notion (without the explicit terms) of diversity, equity and inclusion (DEI) in home and land ownership because this was the first time in U.S. real estate that ownership was inclusive of Freed Black Americans, Immigrants intending to naturalize, single women and widows. (The Act was repealed in 1976 although it became defunct during The Great Depression.)

Sidebar: Around that time The Treaty of 1863 with the Nez Perce tribe (with lands in Idaho, Oregon, Washington and Montana) was intended to be protective of indigenous lands. But that time was marked by often conflicting policies regarding indigenous lands, with many treaties failing to provide the protection they promised. Thus, the inclusivity of this Act, although a starting place, still fell short of protecting indigenous tribes from the devastation of settler colonialism.

Move Over, John Dutton – Remembering Biddy Mason

As captivating as John Dutton’s fictional homestead is (c.f. Yellowstone, 1923, 1883 TV shows) when thinking of homesteaders, we have real-life inspirational figures whose stories are being told more.

As a real-life example, “Aunt Biddy”, Bridgette Mason (1818 – 1891) was born enslaved, but by her death, she was known as one of the richest, most beloved women of Los Angeles. 

Because of this Act’s inclusivity, Mason had both the legal access and opportunity to purchase a plot between 3rd and 4th on Spring Street for $250, becoming one of the first Black and woman landowners in LA. 

Remarkably:

• Mason co-founded the First African Methodist Episcopal Church in 1872, the first Black church in LA, which met often on her land. 
• She established a daycare center for working parents on her land. 
• She founded an elementary school on her land. 
• She created a traveler’s aid center and provided medical help to the needy, often right from her home on Spring Street on her land.

Ultimately, Mason’s land purchase helped shape what we now know as downtown LA. She used her savvy real estate investments — which were predicated on Lincoln’s 1862 Act — for the good of everyone in her community, including immigrants.

Home and land ownership through the Homestead Act has helped American women go from being literal property to owning property for the betterment and service of our communities.

Over to You

“If you hold your hand closed, nothing good can come in. The open hand is blessed, for it gives in abundance, even as it receives.” ― “Aunt Biddy” Mason

Historically, DEI in real estate is like one of the staple ingredients in a cake – baking powder. You can make a cake without it but the cake will not rise like it should. Similarly, we know from history the times when the “baking powder” (diversity, equity and inclusion) of real estate has been omitted – communities did not rise as they should have but were stagnant and slumped by redlining, steering, blockbusting, professional exclusion, forced displacement, subprime predatory lending, discriminatory CC&Rs and other forms of unfair housing.

How has diversity, equity and inclusion – whether through laws, company policies, or community initiatives – helped the women in your life rise through home and land ownership?

What’s one thing that your team, firm or association can begin or continue to offer to ensure that all women are included in leadership and able to rise via home and land ownership?

Dr. Lee Davenport is a real estate coach/educator and author. 

This column does not necessarily reflect the opinion of HousingWire’s editorial department and its owners.To contact the editor responsible for this piece: zeb@hwmedia.com.