Bill Text: IL HJR0006 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Heirs' Property Study Task Force to examine current and prospective methods to address heirs' property issues in Illinois.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2023-05-19 - Adopted Both Houses [HJR0006 Detail]

Download: Illinois-2023-HJR0006-Introduced.html

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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

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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

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

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(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 the Task Force shall submit its final
report to the General Assembly no later than December 31,
2024, and upon the filing of its final report, is dissolved.