Education
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The Uniform Partition of Heirs Property Act (UPHPA) is a model state law designed to protect families who own heirs' property—land passed down through generations without a clear title. It aims to prevent predatory partition sales, which have historically led to Black land loss by forcing family members to sell their property, often below market value.
Key Provisions of the UPHPA:
Co-owner Buyout Rights – If a co-owner wants to sell their share, other family members get the first right to purchase it before it can be sold to outsiders.
Fair Market Value Determination – Courts must determine the property's fair market value before any forced sale, ensuring that heirs receive a fair price.
Alternative to Forced Sales – Instead of automatically selling the land, courts must consider alternatives, like dividing the property fairly among owners when possible.
Stronger Due Process Protections – The law ensures that all family members are properly notified of any legal actions involving the property.
Prevention of Predatory Speculation – Helps prevent outside investors from buying a small share of the land and forcing a sale to take advantage of heirs.
Why It Matters:
The UPHPA was created by Thomas W. Mitchell and adopted by the Uniform Law Commission to address the disproportionate loss of Black-owned land due to exploitative legal loopholes. Many states, particularly in the South, have enacted this law to help heirs protect their property from forced sales.
Connection to the GRACE Initiative:
The GRACE Initiative is actively working to combat heirs' property loss in the Gullah community. By promoting legal education, connecting families with resources, and advocating for policy reforms, GRACE aligns with the goals of the UPHPA. Ensuring that Gullah landowners understand their rights under this law can help preserve generational wealth and cultural heritage.