The New Farm Bill and Reopening the Black Farmers' Lawsuit (Pigford Case)
The 2009 farm bill offers a possible remedy for black farmers who attempted to file a late claim in the original Pigford vs. Glickman. It is estimated that more than 70,000
farmers are this category, including many farmers in Louisiana. However, not all late claimants are eligible to file under the new law. Please note that all of the guidelines
have not been clearly established.
In order to have your case considered:
- You need to have filed a petition seeking permission to file a late claim during the original Pigford case. If you filed a petition, you should have received a tracking number
from the Office of the Monitor. That office can be reached at 1-877-924-7483. They can tell you if you have a tracking number. You have to have a tracking number to be eligible to
file your claim again.
- Your petition to file a late claim had to have been submitted after the October 12, 1999 deadline but before September 15, 2000.
- You cannot submit a new claim if you never submitted a petition requesting permission to file a late claim.
- Your petition for lateness had to have been turned down by the arbitrator assigned in the original case.
- You are not eligible to submit your claim if you received an unfavorable ruling in your original claim based on the merits of your case.
- You may be eligible for reconsideration if you submitted your claim on time, but did not make a necessary correction or completion before the deadlines above
(such as a missing signature).
- If you meet the criteria above, you are eligible to file a civil suit in the United States District Court for the District of Columbia.
- Unlike the original Pigford case, claimants are responsible for their legal expenses, although some attorneys are working on a contingency basis.
- Exercise care in selecting a lawyer. Do not give money to attorneys or groups who are guaranteeing a court victory. No one can do this at this point.
- In general, applicants will be eligible for up to $50,000, forgiveness of the debt associated with the discrimination, and a tax payment of 25% of the settlement awarded.
- Claims have to be filed before May 22, 2010, which is within two years of the passage of the 2008 Farm Bill.
- Only $100 million has been set aside for these claims, which is probably not enough to cover all possible settlements. Therefore, it is best to file early.
For more information, contact: Owusu Bandele, Ph.D., professor, plant and soil science, at (225) 771-2262 EXT.206 or owusu_bandele@suagcenter.com
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