Land Access and Tenure – Community Farm Alliance

For Casey Townsend III, the work of strengthening Kentucky’s food system starts with land—how it’s used, how it’s sustained, and how it’s passed on.

Casey’s Role in the Food and Farm System

For Casey Townsend III, the work always comes back to one question: how do we help families hold onto the land they already have?

Casey serves as a Land Retention and Wealth Development Specialist at Kentucky State University, working directly with farmers, many of them stewards of generational property, to help them see the full value of what’s already theirs. Sometimes that means talking through the potential of an empty barn. Sometimes it’s exploring what livestock expansion could look like. “I try to help people find the highest and best use of what they already have,” Casey says.

Before he connected with Community Farm Alliance, Casey’s work centered on outreach and education. He encouraged people to grow their own food and see farming as something within reach, whether as a source of income or simply a way of life.

But some of the most important conversations he has are also the hardest to start. Land ownership, heirs’ property, long-term planning — these aren’t easy topics, and they take a level of trust that doesn’t build overnight. “I needed folks to come to the table,” Casey says, “but that’s not always easy when trust isn’t there.”

Through the relationships and credibility, Casey became someone families could turn to when they were ready to talk about the future of their land. “CFA helped position me as someone people can come to,” he says.

Today, that trust shows up in the work itself. “I’m putting boots on the ground — working with people who want to grow their own food and become more self-reliant,” Casey says. And underneath it all is the same driving purpose: making sure families get to keep what they’ve built. “I’m passionate about making sure people can pass on their assets to their family.”

His message to anyone facing those same questions is simple: “If you have questions — reach out. I just want people to be successful.”

Need help keeping farmland in the family?

If you’re thinking about land succession, heirs’ property, or how to pass your farm on to the next generation, you don’t have to figure it out alone. Casey is among a growing group of folks across the state who are helping keep farmland, well, farmland.

Reach out to Casey Townsend III through Kentucky State University Cooperative Extension — casey.townsend1@kysu.edu or 502-597-6417.
KCARD’s Kentucky AgriLegacy Solutions Program (KASP) helps Kentucky farm families work through succession planning conversations, at no cost — kcard.info/kentucky-agrilegacy-solutions-program or (859) 417-2592.
Or contact CFA directly — we’re happy to help point you in the right direction and meet you wherever you are.

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.

Tag: Land Access and Tenure

Keeping Farmland in the Family: CFA Spotlight on Casey Townsend III