Committee hears Uniform Law Commission plan to protect heirs' property

Sen. Thomas told the committee heirs' property—land owned by many untitled heirs with fractional shares—can result in families losing generational property through low‑value forced sales. "My bill ... seeks to eliminate that problem," he said, outlining notice requirements, fair sale procedures and protections to preserve generational wealth.

Gail Russell, Kentucky’s representative to the Uniform Law Commission, and Jane Sternerke, ULC legislative counsel, presented the model law (UPHPA) and walked members through five due‑process protections: enhanced notice (including posting at the property), an independent appraisal, the responding cotenants’ opportunity to buy out a plaintiff’s share, court factors for deciding whether partition in kind is practical, and sale procedures that mimic an open‑market willing‑seller/willing‑buyer sale to secure fair market value.

Sternerke told members the UPHPA has been enacted in 26 states and that the act is not an automatic remedy but a judicially ordered process that aims to keep family property in the family or ensure just compensation. "The UPHPA aims to protect these owners of heirs' property," she said, and emphasized the act gives judges discretion to balance equitable factors rather than impose automatic outcomes.

Members asked whether the act could unintentionally encourage partitions in some cases; sponsors pointed to specific statutory factors (practical divisibility, sentimental value, lawful use) and said those criteria are designed to reduce inappropriate partitions of single‑family lots while helping large parcels remain within families. Committee members took the presentation for consideration; no vote was taken.