For generations, family land has been a cornerstone of farming, community, and cultural identity in Kentucky. Yet for many families—especially those who inherit land without a will—this legacy is at constant risk. The Uniform Partition of Heirs’ Property Act (UPHPA) offers a proven solution to protect heirs’ property, keep land in families, and support generational farming. Kentucky has debated this policy for years, and the need has never been more urgent.
The Issue: What Is Heirs’ Property?
Heirs’ property is created when land passes without a will to two or more descendants, who then own the property together as “tenants in common.” Over time, ownership can become fractured among many heirs, often without clear title or documentation.
This tangled ownership structure makes families especially vulnerable. Land speculators can purchase a small share of the property and then force a partition sale—often at a price far below fair market value. Families lose land not because they want to sell, but because the law allows it.
Research across the Cotton Belt of the U.S. South has shown that heirs’ property is closely linked to land loss and low wealth, particularly in African American communities. The USDA has identified heirs’ property as the leading cause of African American involuntary land loss. The issue is also common in regions facing entrenched poverty, including Central Appalachia.
Heirs’ property has been called “the worst problem you never heard of,” yet its impacts are deeply felt by Kentucky farmers and landowners.
Why It Matters for Farmers and Rural Communities
Without clear title, heirs often face serious barriers:
- Inability to access loans or mortgages
- Ineligibility for USDA grants and programs
- Limited ability to build wealth through farming, timber sales, or other land-based enterprises
At the same time, unclear ownership leaves land vulnerable to acquisition by real estate developers and unscrupulous actors. The result is land loss, weakened rural economies, and the erosion of generational farming traditions.
The Solution: The Uniform Partition of Heirs’ Property Act
The Uniform Partition of Heirs’ Property Act (UPHPA) is designed to address these challenges while respecting the rights of all property owners.
UPHPA applies only to heirs’ property—when one or more co-tenants inherited their interest from a relative and there is no written agreement governing partition. The act preserves a co-tenant’s right to sell their share while adding critical protections for families who want to keep their land.
Under UPHPA, courts must:
- Provide notice and independent appraisal of the property
- Give co-tenants the right of first refusal to purchase a selling owner’s share
- Order a partition-in-kind (physical division of land) whenever feasible
- Require any forced sale to be commercially reasonable and at fair market value
In short, UPHPA ensures due process and fairness, preventing forced sales that strip families of land and wealth.
Where Kentucky Stands
Last year, this policy was introduced in Kentucky as Senate Bill 70, but it did not pass. In the current legislative session, the bill has been filed again as Senate Bill 23. As of now, SB 23 has not yet been assigned to a committee.
This legislation has been introduced in Kentucky for many years in a row and has never passed—despite broad evidence of its effectiveness and the clear need among Kentucky farmers and landowners.Meanwhile, the Uniform Partition of Heirs’ Property Act has been enacted in 17 states across the country. Neighboring and peer states have recognized that protecting heirs’ property is essential to preserving family land, strengthening rural economies, and addressing historic and ongoing inequities in land ownership.
Why This Matters Now
Every year Kentucky fails to pass UPHPA, more families lose land they intended to keep. More farmers are locked out of critical programs and opportunities. More communities lose the chance to build long-term, land-based wealth.
Passing SB 23 would be a meaningful step toward:
- Keeping land in Kentucky families
- Supporting generational farming
- Protecting vulnerable landowners from forced sales
- Strengthening rural and Appalachian communities
This is not a new idea—it is a proven solution. And for Kentucky’s farmers and landowners, it is long overdue.