Skip to main content
MENU

Case Study 8

Heir’s Property Town Hall Meeting

by Sandra Thompson

Family Heirs Property (FHP) is land that has been passed down informally from generation to generation, in most cases without a will or an improperly written will. The result is co-tenancy, where owners of a parcel cannot authenticate their piece of the parcel separate from other owners and all members of all generations effectively co-own property. Many family members do not know they own a sliver of property. FHPs are disproportionately owned by African Americans. The issue impacts communities of color because FHP is easily stolen or lost due to unpaid taxes or family conflict. As a result, families do not have the benefit of land as a source of wealth. FHP is a primary factor in perpetuating persistent poverty (Bailey et al. 2019).

Faculty at Florida A&M University (FAMU) have worked to assist in the resolution of FHP issues. In April 2019 they launched an FHP town hall meeting. The goal was threefold: 1. Provide foundational information about FHP and its impact; 2. Facilitate group discussion; and 3. Encourage participants to continue FHP discussion around their dining room tables, in their churches, at civic and other organizational meetings, and with city or county government and other stakeholders.

FHP foundational topics were presented by a panel of FHP past and present owners; lawyers; representatives from a conservation organization; and county and federal representatives from local, state, and federal units. The main categories of topics discussed were definitions, characteristics, economic vulnerabilities, remedies, roles of property appraiser, county growth management, engineer, surveyor and legal experts, and the Uniform Partition’s Heirs Property Act (UPHPA; Uniform Law Commission, 2014).

Following a panel discussion, a large group and several small group discussions occurred consisting of FHP owners and professionals from various stakeholder disciplines. The prevailing view was that heir’s property was a complex issue requiring resolution on multiple fronts. However, as the meeting neared conclusion, a cross section of participants determined that UPHPA adoption in Florida should be the next step and focus of their activity. Additional stakeholders with significant human capital and organizational influence joined the committee, expanding their reach and circle of influence. The result was a cohort of legislative champions, resulting in passage of Florida Senate and House Bills. The final bill was signed into law on June 20, 2020 by Governor Ron DeSantis, just 14 months to the day from the April 20, 2019 town hall meeting.

References

Bailey, C., Zabawa, R., Dyer, J., Barlow, B., & Baharanyi, B. (2019). Heirs’ Property and Persistent Poverty among African Americans in the Southeastern United States, Gen. Tech. Rep. SRS-244. Asheville, NC: U.S. Department of Agriculture Forest Service, Southern Research Station, pp. 10-11.

Uniform Law Commission. (2014). The partition of heirs property act. Retrieved November 6, 2023, from https://www.uniformlaws.org/viewdocument/finalact-97?CommunityKey=50724584-e808-4255-bc5d-8ea4e588371d&tab=librarydocuments

Case Studies