HJ0081 102ND GENERAL ASSEMBLY

HJ0081 LRB102 26741 MST 37640 r

HOUSE JOINT RESOLUTION

WHEREAS, Heirs' property is defined by the United States Department of Agriculture as land that has been passed down informally from generation to generation without clear title or documented legal ownership; every heir has rights to the property, but the lack of a clear title creates confusion regarding taxes, the use of the land, and the ability to sell the land; and

WHEREAS, Without much trust in the legal system, many of the African American farmers who purchased or were deeded land after the Civil War died without a will, and the property was passed down informally; each successive generation of heirs further divided the title to the property and complicated the heirs' ability to determine the legal owners of the property; and

WHEREAS, Some of the consequences that the heirs' property owners face are disagreements over which heirs have the right to occupy the land and how the land may be used, difficulty selling the property due to a lack of a clear title, the exclusion from some governmental support programs, including disaster relief funds, the inability to claim the land as an asset to obtain a mortgage or other loan, and the loss of land due to disagreements over responsibility for the payment of taxes; and

WHEREAS, Heirs' property is the leading cause of involuntary land loss among African Americans, and the United States Department of Agriculture reported the loss of 80 percent of the land owned by African American farm owners since 1910; the rate of African American land loss has been far greater than for other racial and ethnic groups in the same time period; it remains a continuing and systemic problem, as it is a significant factor in the wealth gap between white and African American populations, with African Americans having ten percent of the wealth of white Americans; and

WHEREAS, There is no national data regarding the amount of land held as heirs' property; some organizations have attempted to develop models to estimate the information; it is challenging to obtain specific data because every state and each county within each state compiles real estate ownership data differently; and

WHEREAS, Owning land is significant, especially for African Americans; it allows for increased personal and economic freedom; many Americans, including African Americans, believed that real economic and political independence could only be achieved by owning land; landowners provide economic stability within their communities through payment of property taxes and support for local business; in addition, they are more likely to be civically engaged, having greater political influence; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Heirs' Property Study Task Force to examine current and prospective methods to address heirs' property issues in Illinois; and be it further

RESOLVED, That the Task Force shall:

(1) determine the amount of land in Illinois that is subject to the heirs' property system;

(2) study the impacts of federal and State legislation on the partition of the land subject to heirs' property;

(3) analyze approaches and methods undertaken by other states to address heirs' property and study if those methods could be applied to Illinois; and

(4) determine the costs heirs' property presents to the economic well-being of Illinois and estimate the benefits of proactive measures taken to address heirs' property; and be it further

RESOLVED, That Task Force shall be comprised of the following members, who shall serve without compensation:

(1) 3 members of the House of Representatives appointed by the Speaker of the House, one who shall serve as co-chair;

(2) 3 members of the House of Representatives appointed by the House Minority Leader;

(3) 3 members of the Senate appointed by the Senate President, one who shall serve as co-chair;

(4) 3 members of the Senate appointed by the Senate Minority Leader;

(5) The Director of the Department of Agriculture or his or her designee;

(6) The Director of the Housing Development Authority or his or her designee;

(7) The Director of the Department of Natural Resources or his or her designee; and

(8) The Director of the Illinois Municipal League or his or her designee appointed by the Governor; and be it further

RESOLVED, The Department of Agriculture shall provide administrative support for the Task Force; and be it further

RESOLVED, That Task Force shall submit its final report to the General Assembly no later than December 31, 2022, and upon the filing of its final report, is dissolved.