Author: Kendal Bowman
Planning Unit: Owen County CES
Major Program: Small Farm Management
Plan of Work: Strengthen Families by Developing Healthy Secure Homes
Outcome: Intermediate Outcome
On December 8th, 2023, Kendal Bowman, Owen County Ag Agent, partnered with Irma Johnson Kentucky State University, hosted Navigating Kentucky's Heirs Property Training On A Regional Level, Train the Trainer event held in Breathitt County Kentucky. As we explored avenues to enable the next generation to engage in agriculture, I became aware of heirs' property, particularly in light of the fact that the average age of a farmer is 57.5 years old (Halvorson, 2023). Heirs' property refers to a form of land ownership that arises when a property owner dies without a will or with a will or succession plan that doesn't specify how to divide the land. This land then gets passed down informally through generations. As a result, the property ends up being owned by numerous family members. Each family member holds an undivided interest in the entire property, rather than a specific part of it. This means no single heir has a unique claim to any portion of the land and all decisions about the property must be agreed upon by all owners, a scenario that can be complex. If a 57.5 year old passed away, he/she could have 15 protentional heirs to their property. As time goes on, heirs may move to different places and no longer have strong connections to the land. The lack of connection to the land may leave the land vulnerable as remote heirs may be more willing to sell their share to someone outside the family (Bowman & Johnson).
In Kentucky, the prevalence of heirs' property is notable, especially within rural areas and African American communities (Turner, 2023). These properties are not just parcels of land; they represent a legacy, a source of familial wealth, and a connection to history. Understanding and addressing the challenges posed by heirs' property in Kentucky is crucial, as it impacts the economic stability, legal rights, and cultural heritage of the families involved. The state's unique legal landscape adds layers of complexity to these issues, making it an important area for detailed analysis and thoughtful solutions (Bowman & Howard).
The concept of heirs' property, particularly prevalent in African American communities, has deep historical roots that intertwine with the legacy of systemic racism and limited access to legal resources. This form of land ownership commonly originated during the Reconstruction Era following the Civil War. Freed African American slaves, who had been denied the right to own property for centuries, began acquiring land (Packman, 2020). However, due to systemic barriers, including widespread illiteracy and discrimination by legal institutions, many did not formalize their ownership through wills or estate planning (Pager & Shepherd, 2008).
Over time, this land was passed down through generations without proper legal documentation, leading to the current phenomenon of heirs' property (Bowman & Childers). The lack of legal clarity in ownership was often exploited, resulting in land loss through forced sales and other legal maneuvers. This issue was compounded by the Jim Crow laws and other discriminatory practices that further limited African Americans' access to legal assistance and resources necessary to protect their property rights (Kavak & Parks, 2023).
The social impact of heirs' property is profound, particularly in terms of land loss and economic stability. For many African American families in Kentucky and other southern states, land ownership represented economic independence, a sense of identity, and a connection to heritage. However, the ambiguous nature of heirs' property ownership has led to significant land loss among these communities.
The repercussions extend beyond individual families to the wider community. The instability of land ownership due to heirs' property contributes to ongoing cycles of poverty and disenfranchisement in predominantly African American communities. As land is lost or its value diminished due to legal complexities, communities lose a vital source of economic stability and potential growth (Bowman & Childers). Furthermore, this form of land ownership complicates community development efforts and hinders investment in infrastructure and services (Bowman & Childers).
At the Breathitt County Heirs’ Property program,there was a combination of pre- and post-surveys conducted via Qualtrics. These surveys were developed and approved by experts from the University of Kentucky and were accessible through QR codes and web links. The assessment focused on participants' familiarity with and understanding of heirs' property, measuring changes in confidence and knowledge before and after the training. Data analysis included statistical measures like mean scores and standard deviation, alongside qualitative feedback from open-ended questions. The surveys also gathered demographic information and feedback on the program's effectiveness.
This training location is in the highest heirs’ property area in the nation (Turner 2023). Enrollment was open to all Kentucky Extension Agents and the public. There was a total of 21 participants, but we only had 10 surveys of usable data. There were three others, but after discussion with Chad Jennings, University of Kentucky’s Extension Information Technology Trainer, we concluded these were surveys started but not finished due to technical issues.
This comprehensive assessment approach below demonstrates a commitment to not only educating participants but also continuously improving the program based on solid, data-driven insights. The utilization of digital tools like Qualtrics and the incorporation of both quantitative and qualitative methods reflects a modern and thorough approach to program assessment and improvement.
Details of process used
1. Development of Assessment Tools:
2. Distribution and Accessibility:
3. Content of Surveys:
4. Pre-Training Assessment:
5. Post-Training Assessment:
6. Data Analysis:
7. Feedback on Program Effectiveness:
8. Reporting and Utilization of Results:
9. Ethical Considerations and Confidentiality:
10. Challenges and Limitations:
The data proves Navigating Kentucky's Heirs Property Training On A Regional Level, Train the Trainer was a success! Before the workshop we asked the participants “how familiar were you with the term heirs’ property?”. The average response was “somewhat familiar”. After the workshop we surveyed them again and 60% reported feeling “very familiar” with the term heirs’ property.
Table 1: Key Concept Findings |
|
|
|
| |
Group | n | Mean |
| S.D. | |
To what extent do you agree or disagree with each of the following statements - I am confident in my ability to identify heirs' property |
|
|
|
| |
Pre-survey | 10 | 2.7 |
| 1.6 | |
Post-survey | 10 | 4.6 |
| 0.5 | |
To what extent do you agree or disagree with each of the following statements - I clearly understand actions to prevent heirs' property |
|
|
|
| |
Pre-survey | 10 | 2.7 |
| 1.5 | |
Post-survey | 10 | 4.6 |
| 0.5 | |
To what extent do you agree or disagree with each of the following statements - I understand why heirs' property exists |
|
|
|
| |
Pre-survey | 10 | 3.4 |
| 1.4 | |
Post-survey | 10 | 4.9 |
| 0.3 | |
Note, Sale ranged from 1-5
Key: |
Strongly disagree =1 |
Somewhat disagree =2 |
Neither agree or disagree =3 |
Somewhat agree =4 |
Strongly agree= 5 |
What are your main goals for attending this program? (Open-ended question) | |
Participant | Response |
BLB-C4 | “To gain more knowledge on heirs’ property and farm succession.” |
MRCB-E3 & E4 | “I am hoping to help my community deal with this type of problem.” |
Group | n | Mean | S.D |
… knowledge about laws, policies, and programs related to heirs' property? |
|
|
|
Pre-survey | 10 | 1.1 | 0.3 |
Porst-survey | 10 | 2 | 0.0 |
What did you learn from the program today? (Open-ended question) | |
Participant | Response |
LSH-E8 | “What heirs’ property is, importance of wills” |
MRCB-E3 & E4 | “It’s more prevalent than I ever thought. There are solutions available.” |
References:
Bowman, K., & Childers , J. (2023, December 25). Heirs Property Resolution . personal.
Bowman, K., & Howard, D. (2023, November 1). Heirs Property Prevention. personal.
Bowman, K., & Johnson, I. (2023, October 23). Understanding Heirs’ Property at the Community Level. personal.
Department of Forestry . (C. J. Gaither , A. Carpenter, T. Ll. McCurty, & S. Toering , Eds.), SRS-244 Heirs’ property and land fractionation: Fostering stable ownership to prevent land loss and abandonment (2019). Forestry Service Technical Report.
Gaither, C. J. (n.d.). Heirs’ property and Land Fractionation - US Forest Service Research ... Appalachia’s “Big White Ghettos”: Exploring the Role of Heirs’ Property in the Reproduction of Housing Vulnerability in Eastern Kentucky. https://www.srs.fs.usda.gov/pubs/gtr/gtr_srs244.pdf
Halvorson, J. (2023, February 22). 2022 census of agriculture impacts the next generations of farmers. USDA. https://www.usda.gov/media/blog/2023/02/22/2022-census-agriculture-impacts-next-generations-farmers
Heirs’ property landowners. Farmers.gov. (2023, October 23). https://www.farmers.gov/working-with-us/heirs-property-eligibility#:~:text=Heirs’%20property%20is%20family%20owned,the%20estate%20issues%20remain%20unresolved.
Jones, M., Koebel, T., McCoy, A., Shanholtz, S., & Moeller, J. (2016, September). Mobile and Manufactured Homes In Central Appalachia and Alabama. Virginia Center for Housing Research (VCHR). https://prosperitynow.org/files/resources/VCHR_Study_Final.pdf
Miller, F. (2022, November). Heirs’ property: Understanding the legal issues in Kentucky. Farm Land Access. https://farmlandaccess.org/wp-content/uploads/2022/11/heirs-property-legal-issues-kentucky.pdf
Packman, H. (2020, June 19). Juneteenth and the Broken Promise of “40 Acres and a Mule.” National Farmers Union . November 28, 2023, https://nfu.org/2020/06/19/juneteenth-and-the-broken-promise-of-40-acres-and-a-mule/#:~:text=Just%20four%20days%20later%2C%20on,of%204%20million%20freed%20slaves.
Pager, D., & Shepherd, H. (2008). The Sociology of Discrimination: Racial Discrimination in Employment, Housing, Credit, and Consumer Markets. ms, Annual review of sociology. Retrieved November 28, 2023, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2915460/.
Parks, C. (2023, October 19). The Black Codes and Jim Crow laws. Education. https://education.nationalgeographic.org/resource/black-codes-and-jim-crow-laws/
Reznickova, A. (2023). Lost Inheritance: Black Farmers Face an Uncertain Future without Heirs' Property Reform. Cambridge, MA: Union of Concerned Scientists. https://doi.org/10.47923/2023.15127
Stein, S., & Carpenter, A. (2022). 2022 AEA/ASSA Annual Meeting. In HEIRS’ PROPERTY IN AN URBAN CONTEXT. Retrieved November 7, 2023, from https://www.aeaweb.org/conference/2022/preliminary/paper/39rFzdTk.
Taylor , B., Gaither, C. J., White, M., Perry, S. L., Hiten, V., & Dobbs, R. (n.d.). Examining the Efficacy of the Uniform Partition of Heirs’ Property Act in Georgia, Alabama, and Kentucky: A Proof of Concept Investigation. ms, Georgia. Retrieved from https://likenknowledge.org/wp-content/uploads/2021/11/FINAL-REPORT.pdf.
Thomson, R., & Bailey, C. (2023). Journal of Rural Social Sciences. ms, Southern Rural Development Center. Retrieved November 7, 2023, from https://scholarsjunction.msstate.edu/srdctopics-heirsproperty/2/.
Turner, R. (2023, February). Understanding Heirs’ Property at the Community Level . Train-the-Trainer Workshop. Washington DC.
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