Racially Restrictive Tax Research Paper

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SB 1 is a bill which targets to strike discriminatory language from property deeds. These are referred to as racially restrictive covenants, and this type is effectively illegal already. This bill, however, aims to remove the language which in theory would put the discriminatory nature of property law forever in the past. Some feel that this language reinforces racism, sexism, etc even if though it holds no weight legally, and that the legacy of the court case that made them illegal is much more bleak than originally hoped for. Property covenants have a long history in legal systems across the world. These constraints did not start as racially restrictive, and their origins are fairly innocent. Restrictive covenants came about to allow a landowner to …show more content…

In old property law, there are three main requirements for a covenant to be valid: it must have been intended to run with the land, it has to “touch” the land, and there has to be privity (Neponsit Property Owners Assn v Emigrant Industrial Sav Bank, 4). Privity here as defined as the legal relationship between …show more content…

Kraemer that the Supreme Court of Missouri’s upholding of the restrictive covenant violated the fourteenth amendment (Shelley v Kraemer Original Petitioner Brief SCOTUS copy, 29). Even though the restrictive covenant did not originate through official state action (Shelley v Kraemer Original Amicus Brief ACLU SCOTUS, 12), the state chose to uphold a racially discriminatory document. While it may not have violated any of Missouri’s laws at the time, the appeal to the Supreme Court justified an overturning due to state action (Shelley v Kraemer Original Amicus Brief ACLU SCOTUS, 6). While racially restrictive covenants could still technically be written into deeds, the seller would always run the risk that the buyer could take them to court, and the precedent would

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