The purpose of this study is to address differences in states' capital spending between public four-year historically Black colleges and universities (HBCUs) and their predominantly White institutions (PWIs) counterparts located in the southeastern and bordering regions of the United States. This investigation was viewed through nine academic years (2002 to 2010) and in those states where the United States v. Fordice decision mandated the dismantling of 'de facto segregation' practices. When referring to matters of governance contrary to a regulation, this means in custom but not necessarily ordained by law. In the case regarding capital spending per full time equivalent (FTE) between the combined HBCUs and PWIs population, the Maim-Whitney U tests revealed several instances where there were disparities in capital spending between the two groups. Of the researched periods, PWIs overall capital spending patterns were statistically higher than HBCUs in six of the nine years. These findings agree with anecdotal accusations that alleged capital spending ambiguities still exist after the Fordice decision.