The Volokh Conspiracy
[Eugene Volokh, July 6, 2006 at 12:58pm] Trackbacks
No-Yankees Covenant:

The Island Packet (South Carolina) reports:

Henry E. Ingram Jr. ... promised to keep Yankees out of Delta Plantation in Jasper County when he bought 1,700 acres there in 1998 [by placing restrictive covenants on the part of the land that he had sold, and that purported to restrict the resale of that land]....

[Here are] the covenants, or rules, that Ingram demanded of buyers:

1. They could not be Yankees.

2. They could not have the last name Sherman (an obvious reference to Gen. William Tecumseh Sherman).

3. And the land could not be sold or leased to those whose last names could be rearranged to spell Sherman....

Now, however, [a buyer] and Bluffton Home Builders are working with Ingram's son, Ashley Ingram, to remove the covenants....

Thanks to Never Yet Melted for the pointer.

Related Posts (on one page):

  1. Are Restrictive Covenants Banning Sale of Property to the "Yankee Race" Legal?:
  2. No-Yankees Covenant:
Christopher Cooke (mail):
How does one define "Yankee"? Is someone who was born north of the Mason-Dixon line, but raised south of it, a "Yankee?" What about those of us who live out West, or in states that joined the USA after the Civil War? Because these issues were not addressed in the covenants, it seems to me that any buyer could simply say they do not consider themselves to be a "Yankee," or change their name from Sherman to something else, and escape the restrictions.
7.6.2006 1:08pm
Maniakes (mail) (www):
So Derek Jeter and Mariano Rivera can't buy land in Delta Plantation?
7.6.2006 1:18pm
Dylanfa (mail) (www):
I'm with Maniakes. I assumed this was a new encumbrance on property in Boston after reading your post title.
7.6.2006 1:38pm
wt (mail) (www):
Maniakes: Ok, sure, but Christopher Cooke's point still stands. What is a Yankee?

Is Jose Contreras a Yankee? Fred McGriff? Alfonso Soriano? What about players -- Don Mattingly for instance -- who retired as Yankees and who now want to live in the Delta Plantation? Are they prohibited from doing so?

Or is being a Yankee more about the affinity you feel for the team, not so much whether you play for them now? Or perhaps about the amount of money you're willing to switch teams for, whether or not you wear the pinstripes. So Miguel Tejada, Pedro Martinez, and Billy Wagner might qualifiy as Yankees, despite never having actually played for the team.

These are the difficult questions we, as young lawyers, need to confront.
7.6.2006 1:40pm
Frank Drackmann (mail):
I think this is sneaky southern reverse psychology to get gullible Northerners(only the real yokels say "Yankee") to move into this anal sphincter of a county. I speak from experience having lived one county over while in the Marines. When you drive through Jasper County(the only reason people do is to get to Savannah) you'd think you were in rural Haiti with all the rundown shacks and hungry looking livestock. I think Haiti has a lower Syphillis rate though. Theyre promoting the place as a retirement mecca for pensioners who can't afford a place in Florida, so its clear they really DO want Yankees.
7.6.2006 1:51pm
Christopher Cooke (mail):
What about Reggie Jackson, the former Mr. October? He played for the Oakland As before he joined the Yankees. Can he buy Mr. Ingram's former land in this "anal sphincter of a county?"
7.6.2006 1:57pm
Cornellian (mail):
Well I gotta give the guy credit for banning not just Sherman, but also any name that's an anagram of Sherman. Now that's creative.
7.6.2006 2:05pm
Richard Menshra (mail):
So that's why they turned down my application!
7.6.2006 2:18pm
Frank Drackmann (mail):
Georgias a much more open minded state, with both a "Lincoln" and "Union" county. South Carolina was also notable for requiring all liquor stores to have a large orange cirlce on the front door, also liquor and beer had to be sold from separate parts of the building, this would often consist of one large room with chickenwire dividing down the middle, with 2 separate doors. And for a state with such a large tatooed population, tatoo parlors were banned in South Carolina, although it was a thriving industry over the river in Savannah. It was also the only southern state that banned the private ownership of Machineguns (theyre legal in Massachussets,go figure) until the mid 90's when the law was changed.
7.6.2006 2:35pm
Aultimer:
To all confused Yankees: if y'all are from a state that lies north of the home state of the speaker, y'all are a Yankee. However, Florida is a Yankee state (or more correctly, a carpetbagger-only state) to everyone outside Florida. In addition, if you think "y'all" is plural, y'all are a Yankee - "all y'all" is the plural form.
7.6.2006 2:42pm
PersonFromPorlock:
Yankee, Shmankee, what about any MLB pitcher who got pulled from the game? Wouldn't he be a yank-ee?
7.6.2006 3:05pm
SeaDrive (mail):
Outside the country, a Yankee is an American. Inside the country, a Yankee is a northerner. In the north, a Yankee is a New Englander. In New England, a Yankee is a Vermonter. And in Vermont, a Yankee is man who eats pie for breakfast.

Traditional.
7.6.2006 3:17pm
Moral Hazard (mail):
<blockquote>
Outside the country, a Yankee is an American. Inside the country, a Yankee is a northerner. In the north, a Yankee is a New Englander. In New England, a Yankee is a Vermonter. And in Vermont, a Yankee is man who eats pie for breakfast.
</blockquote>
So who is a Yankee in King Arthur's court?
7.6.2006 4:04pm
dew:
"Outside the country, a Yankee is an American...."
"Traditional."

Or, to be more precise, EB White.

The father (who set the restrictions) is apparently moving to Costa Rica, "presumably to get further away from those damned Yankees". It might be fun to be a fly on the wall the first time he gripes about “Yankees” and a local looks at him confused and tells him that *he* is a Yankee to the locals.
7.6.2006 4:28pm
Gordo:
Restraint against alienation anyone? Void?
7.6.2006 4:28pm
SeaLawyer:
Sounds like some new anti-discrimination laws are needed.
7.6.2006 4:42pm
John M. Perkins (mail):
Here in Middle Georgia, anybody from Atlanta is a Yankee.
7.6.2006 4:52pm
Paul Sherman:
It's about time this got some coverage.
7.6.2006 5:09pm
Sean E (mail):
They could not have the last name Sherman ...

But Sherman Hemsley would be OK?
7.6.2006 6:14pm
Abe Delnore:
But seriously folks:

Wouldn't these purported covenants violate various fair housing laws and thus be unenforceable? So what is the point in trying to undo them?
7.6.2006 6:16pm
Syd (mail):
"Frank Drackmann (mail):
Georgias a much more open minded state, with both a "Lincoln" and "Union" county. "

Except Lincoln County was named after Revolutionary War general Benjamin Lincoln in 1796, and Union County was named around 1830. Of course, they could have changed them if they wanted to.
7.6.2006 6:40pm

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