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Residents set to fight Navy's OLF with all they've got

Quietly but surely, rural communities on the edges of Hampton Roads are gearing up for what could be a fateful fight. In Surry County, one woman is compiling lists of historic and prehistoric sites; another is analyzing demographic data. Residents of Gates County, N.C., are sketching their family trees, gathering old photographs and accumulating property deeds and land records. And Tony Clark and Roland Evans are putting the finishing touches on an 18-minute documentary about life in Virginia's Southampton, Sussex and Surry counties. The efforts have a common goal: build a case against the Navy's plan to construct a jet landing strip in the midst of a rural community. The outlying landing field, or OLF, primarily would serve fighter pilots based at Oceana Naval Air Station in Virginia Beach. A year ago, after abandoning plans to build a practice landing strip in Washington County, N.C., the Navy announced it would study five new potential sites for the controversial $200 million project. This summer, the Navy will release its preliminary environmental analysis of the sites - three in Virginia; two in northeastern North Carolina - and might designate one or more of the locations as front-runners. But opponents aren't waiting until then. Emboldened by Washington County's success in heading off the Navy, they are embarking on public relations campaigns, undertaking their own studies of possible impacts and putting politicians on notice about their opposition of the landing strip. Navy brass and Virginia officials who want to protect Oceana's status as the East Coast's master jet base are frustrated by the early and intense opposition. Dialogue has ground to a halt. Distrust abounds. Both sides say they're open to real conversation but accuse the other of being evasive or sticking to a familiar script. Rear Adm. David Anderson, vice commander of the Navy's Fleet Forces Command, heads the Navy's effort to have a landing field operational by 2013. Not wanting to repeat the service's mistakes last time, Anderson pledged last year that the Navy would be more flexible about acquiring the 3,000-acre "core" of the field. He announced that residents living in the highest noise zones could stay in their homes if they desired. He said the Navy would work with local governments to spur economic development compatible with the field. None of that has seemed to sway the landowners and residents of the affected communities. Opponents not only question the Navy's need for the landing field, but some doubt the future of Oceana itself and assert that its days are numbered. That galls Anderson, a fighter pilot by training. "It's a credibility issue," he said. "And I hate to say it, but there are certain areas right now where, because I'm wearing a uniform, people do not believe me. In 31 years of being in the Navy, I never thought I would see that." Pilots of F/A-18 Hornets and Super Hornet s now prepare for nighttime carrier landings at Oceana and Fentress Auxiliary Landing Field in Chesapeake, both of which have been encircled by suburban development. The Navy contends that it needs an additional landing strip, in a more rural setting, to relieve the pressure on Oceana and Fentress, especially during summer and when multiple aircraft carriers are preparing to deploy. Anderson cites as an example the Norfolk-based squadron that trains E2C Hawkeye pilots. Five times a year, the squadron heads to Jacksonville, Fla., for its field carrier landing practice because Fentress is too busy. The cost to the Navy: $1.8 million. Opponents claim that unchecked development around Oceana and Fentress created the problem and accuse the Navy of trying to export jet noise to the countryside in order to spare the ears of city residents. They cite the 2005 findings of a federally appointed base closing commission that criticized "encroachment" around Oceana. If Oceana is in jeopardy, or if its limitations mean it won't be able to host the next-generation fighter jet, they argue, the Navy shouldn't spend up to $200 million on a landing field that could soon become obsolete. The debate isn't about encroachment, Anderson says, and even if Oceana and Fentress were surrounded by desert, the service would need an outlying landing field. The Navy "is out of capacity to train pilots" on the East Coast, he said. "That's the urgency that we're dealing with right now," Anderson said. For the future, we don't see that going away, but if it does, if it changes, we're willing to try to structure this now so that it's advantageous for the county and the military down the road." One possibility he mentioned: build a facility that in 50 or 60 years could become a county airport. Some of those Anderson is trying to persuade already are familiar with the sound of Navy jets in training. Cyndi Raiford, a certified therapeutic riding instructor, used to work at Equi-kids, a program that teaches physically and mentally disabled clients to ride horses at a facility that is a few hundred yards from Oceana. Ten years ago, Raiford and her husband bought 65 acres in Southampton County. They lease some of the land to Graz'n Acres, a therapeutic riding program that serves 75 children with autism or other disabilities. Raiford serves as its executive director. The property is within a few miles of the Navy's Dory site. Raiford doesn't think supersonic jets, horses and autistic children are a good mix. Many autistic youths suffer from auditory defensiveness, Raiford said. Even the hum of fluorescent lights in the barn can bother them. "All of our students have difficulty concentrating and staying on task. You add noise to the mix, and it makes it that much harder," Raiford said. At Equi-kids, her lessons would come to a halt when Navy jets passed overhead. "It's really going to compromise our ability out here to the point where the center would probably have to consider relocating, if that site goes through," Raiford said. "I guess what people really need to understand is there are such limited services for people with disabilities, especially locally. There aren't that many opportunities for most of these students." Raiford's story is one of several highlighted in a new video produced by Virginians Against the Outlying Landing Field. Another excerpt features a Surry County family that farms land passed down for more than 100 years. A rough cut of the film was shown in early February at a series of community meetings in Surry, Sussex and Southampton counties. Tony Clark, chairman of the group, has bigger aspirations for the film. "From 'Oprah' to '60 Minutes,' they're all going to get a copy," Clark told about 150 people at Surry High School for an opposition meeting. Anita Earls represents Citizens Against OLF, a group fighting to keep the landing field out of Gates County. She's also executive director of the Southern Coalition for Social Justice. Under her direction, residents are compiling information about their long-standing connection to the land, whether through farming or fishing or hunting, as well as the ties that bind them together. The effort involves everything from gathering census data to analyzing the community's social networks, which could be disrupted if families move away from the field. "To what extent are people reliant on next-door neighbors to take them to the doctor?" Earls asked. "It's not a given. It's not something that exists everywhere, or to the same degree in all places." A group of 10 students from the environmental law and policy clinic at Duke University's law school is assessing potential environmental impacts of a landing field in Gates County. The students are compiling a "shadow environmental impact statement" to compare with the document the Navy plans to publish this summer. Environmental issues - specifically, the impact jet maneuvers would have on waterfowl at a nearby national wildlife refuge - helped doom the Washington County site. Opponents successfully sued the Navy for breaching the National Environmental Policy Act, or NEPA. Earls thinks another bit of federal law could prove more important this round: Title 6 of the Civil Rights Act of 1964, which says federal money can't be used to disproportionately impact a minority community in a negative way. "Particularly in Gates County, that may be a real issue," Earls said. "In some ways, that has more teeth than NEPA." Anderson knows he can't personally answer every criticism from community members. But he insists he's committed to dialogue with residents who might be directly affected by a landing field. The admiral said one woman whose home is within the high-noise contours of a Virginia site contacted the Navy last summer to learn more about the possible impact. He arranged for a group of eight of her neighbors and family members to spend the day at Oceana. She talked to pilots, watched them practice in a simulator and saw jet-landing practice up close at Fentress. The Navy then drove her about two miles away for an idea of what the noise level would be at her home. She later sent a note, he said, thanking him for his hospitality. She said she understood that the Navy does need a landing field - but she still didn't want it in her community. To Anderson, that was progress. She wasn't saying that the Navy didn't need the field, or was wasting money, or had ulterior motives. "It was 'No, I understand now, and I do believe you, but still, everything said and done, I'd prefer not to have it in my backyard,' " Anderson said. "And that's about the best I think we can hope for." Kate Wiltrout, (757) 446-2629, kate.wiltrout@pilotonline.com

Internet for Everyone Town Hall Meeting

An amazing 70% of Black Americans lack basic access to broadband internet. This digital divide means that Black folks are disproportionately excluded from opportunities to build knowledge, wealth, and community in the 21st century.

On Saturday March 7th, our allies in the InternetforEveryone.org initiative are convening a special town hall meeting in Durham. The goal is to hold the Obama administration to their pledge to create true broadband in every community in America. Your discussions will shape a national plan to achieve a more open, affordable and fast Internet for everyone.
This event is free, but only 250 people can participate. Click here to reserve your seat today:

WHAT: InternetforEveryone.org town hall meeting
WHEN: Saturday, March 7, 2009, 11:00 a.m. to 4:00p.m.
WHERE: Durham Marriott Convention Center Grand Ballroom
201 Foster Street Durham, N.C. 27701

The new leadership in Washington needs to know that universal access to a fast, affordable and open Internet is essential to our survival as a nation. It's urgent that we begin this conversation right now.
Only 30% of African-American homes have subscribed to high-speed internet, compared with 55% of White households. Millions of Americans still stand on the wrong side of the digital divide. And the damages -- economic, social and political -- are hurting us all. Getting everyone connected would translate into greater participation in our democracy, millions of new jobs and hundreds of billions of dollars in increased economic activity for the United States.

We need your help and commitment to get this conversation started. This weekend's town hall meeting will include roundtable and group discussions and inspiring speakers. As a member of ColorOfChange.org, you bring a critical understanding of the power of the internet to improve the lives of Black folks and our allies. We encourage you to attend to make sure that our concerns are represented in this important discussion.

Click here to RSVP: http://www.colorofchange.org/freepress-nc

Sidberry Family

Sidberry Family, New Hanover County File No. 03 SP 0726

Two of 19 Sidberry heirs filed a partition action relating to property that had been in their family since 1871. The property consisted of 8.8 acres in Wilmington, New Hanover County near Market Street. It was described as “virtually undeveloped land in an area that has been developed for both commercial and residential purposes” in the pleadings. A 1911 will devised the property to the Sidberry and the Wallace children. However, the Wallace children have not been heard of since 1911. Nevertheless, through the partition action the property was sold for $495,000 and $254,652.47 was placed in a trust account with the clerk of court for the unknown heirs of the Wallace children. Before the remaining funds were distributed among the Sidberry heirs, who have been taking care of the property for the last 90 years, $21,546 was given to the attorneys, $3,000 to the commissioner, and $49,500 for real estate commission. The Sidberrys originally sought to clarify that one of them could place a trailer on the property. Today they believe they have been dispossessed of their rightful inheritance and have retained counsel to seek to recover the amount placed in trust for the unknown heirs.

Partition Sales and Black Land Loss

Partitions come in two forms, partition in-kind or a partition sale. A partition in-kind physically divides the property among owners. The law in most states provides that this method of partition is preferred. North Carolina’s statutes, for example, states that the court shall order the sale of property only where it finds by preponderance of the evidence that an actual physical partition cannot be made without substantial injury to any interested party. N.C.G.S. 46-22(a) (emphasis added). Substantial injury is further defined as, “the fair market value of each share in an in-kind partition would be materially less than the share of each cotenant in the money equivalent …obtained from the sale of the whole, and if an in-kind division would result in material impairment of the cotenant’s rights.” N.C.G.S. 46-22(b). In practice, however, partition in-kind appears less favored by judges.

The quicker partition sale, which sends the property to the auction block, allows ownership to vest in the highest bidder. Partition sales are thought to be one of the primary causes of involuntary black land loss in recent times. The reason is that those who can afford to purchase property on the open market are more often developers with deep pockets instead of cash poor families. Individuals purchasing heirs’ property off the auction block can pay more cash for the property; but, it is those whose heritage is tied to the lands who attach the deepest value. Partition sales separate families from their heritage and their homes. If heirs’ property is purchased by an outside party for development, those tenants living on the land are displaced. At this point, heirs’ property intersects with issues of fair and affordable housing. Families, generally having limited income, may find themselves without a home and in need of affordable housing.

Partition sales can have devastating effects on heirs’ property and fair housing. It is important, therefore, that heirs’ property be identified. If those persons with an ownership interest can be identified, educated, and guided through the problems associated with heirs’ property, their heritage may be secured and ramifications effecting fair housing avoided. For these reasons the Southern Coalition for Social Justice, beginning in June 2008, conducted research to determine the extent to which heirs’ property, partition sales, and black land loss is occurring in Orange County, North Carolina.

Narrative of SCSJ's Orange County Heirs' Property Study
(Part of Appendix 1, with maps)

Freeman Beach

http://www.savefreemanbeach.com

Freeman Beach, LLC v. Freeman Heirs, New Hanover County File No. 08 SP 1038

In the 20th century, Freeman Beach was well‐known as the beach, across from Seabreeze, where African Americans could enjoy the ocean front. Present‐day Freeman family members have many memories of their ancestors fishing from the beach and enjoying the natural beauty of the area. The City of Carolina Beach has converted 143 acres of the ocean‐front beach to a Park known as Freeman Park.

In dispute in this action are approximately 180 acres of undeveloped waterfront property at the northern end of Carolina Beach. The original owner of the land was a man named Alexander Freeman. He is remembered today as a notable free black man during slavery times and an incredibly brilliant entrepreneur‐agriculturist. Unlike many of his era, Alexander Freeman created a Will in 1854. Alexander’s Will left the 185 acres he owned to his son, Robert Bruce Freeman. Upon Alexander’s death, which is believed to be sometime around the beginning or during the Civil War, Robert Bruce Freeman became the owner in fee simple at the approximate age of 24. During his life, Robert Bruce Freeman took two wives, Catherine Ann Davis and Lena Swain. In total, he fathered possibly 19 or 20 children between the two marriages. When Robert later died intestate in 1902, the property was divided between all of his children and his second wife.

The partition action is filed by a developer, who claims to own approximately 72% interest in the land through what appears to have been a judgment on a defaulted loan in the 1940’s by some of Robert Freeman’s heirs, and through very recent purchases of other heirs’ interests. The remaining family members are looking for a way to preserve something of their heritage and keep some portion of the land undeveloped.

The clerk appointed a guardian selected by the Petitioner, to represent the unknown heirs as well as known heirs, of Robert Bruce Freeman.

287g and Secure Communties

287g and Secure Communites are programs of the Immigration and Customs Enforcement Agency that allows local police officers, like sheriffs' deputies and city police officers, to enforce federal immigration law by entering into agreements with the federal agency. As part of this program, federal and local agencies can enter into agreements, known as "MOU's", promoted as ways to remove dangerous felons from the country. However, most of the people deported under these agreements were arrested for driving without a license or other minor offenses. Currently there are 63 active 287(g) MOU's in 20 states. 39 of the MOU's are in southern states. * North Carolina has more 287(g) counties than any other state. * 70,000 people have been deported under this program since January 2006. * In North Carolina, from January through September 2008, of the approximately 3,000 people placed in removal proceedings as a result of this program, 56% were charged with motor vehicle offenses, including no operators' license and DWI. Resources: The Policies and Politics of Local Immigration Enforcement Laws by the NC ACLU and UNC-Chapel Hill School of Law 287(g) and other ICE ACCESS Programs in 2008 by SCSJ's Marty Rosenbluth

Extraordinary Rendition & Torture Case

SCSJ assisted an investigator from London-based legal organization, Reprieve, to research and document facts related to the case of Binyam Mohamed, a UK resident that was imprisoned at Guantanamo Bay for 5 years before being released back to the UK in February 2009. Mohamed claims that he was flown to a secret prisons in Morocco and Afghanistan, where we was brutally tortured. Aero Contractors, the company that been implicated as the contract operators for these CIA-sponsored flights, is located in Johnston County, North Carolina. We continue to support the efforts of NC Stop Torture Now, Reprieve, and other organizations that are working to bring to light the United States role in international kidnap and torture under its "Extraordinary Rendition" program. We believe that this program must end and applaud current efforts to shut down secret U.S. detention facilities and end the practice of torture by the United States or its proxies.

Investigating Human Trafficking in North Carolina's Farmworker Camps

SCSJ is collaborating with Student Action with Farmworkers to host a legal intern with their "Into the Fields" program this summer. The intern will train other SAF interns on markers for human trafficking so that they are able to recognize them in their work in the field. The legal intern will also create a resource guide for partner agencies to provide them with current information about resources available to address the problem. SAF has a tradition of creating culturally-relevant theater pieces during their summer programs that teach migrant workers about health issues, workplace safety, and their legal rights. Our legal intern will develop a popular education theater presentation on human trafficking that will be performed at farmworker camps. The goal is to make sure that farmworker communities are aware of this issue, can recognize it when it occurs, and know what steps to take to address it. Finally, the legal intern will be in a position to have a general legal liason role. When they encounter legal issues of any nature, or when other SAF interns do, our intern will be available to investigate potential remedies and obtain appropriate legal assistance for farmworkers.

No OLF

NEW RESOURCE: A new study on fresh water mussels in the Chowan River.

SCSJ is representing Citizens Against OLF (Outlying Landing Field) in Gates County.

An OLF is used for Navy pilots to practice landing in conditions similar to landing on an aircraft carrier. The Navy attempted (and failed) to place the OLF in Washington and Beaufort counties. Citizens in theses counties organized against the OLF and succeeded!

Gates County is a poor, rural, tightly-knit community near the Virginia border in eastern North Carolina. The construction of an OLF would mean the loss and destruction of centuries-old family farms. Gates County is home to incredible species diversity and many threatened species that are indigenous to North Carolina. These habitats would be permanently disrupted by the construction of an OLF.

In spite of its plans to build an OLF in a NC community, Navy representatives have stated publicly that an OLF is “not necessarily needed.”

Gates County residents are asking for help and support from citizens across North Carolina to stop the OLF from being constructed – which would dispossess and dislocate many in the community.