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Document Type

Article

Media Type

text

Publication Title

Northern Illinois University Law Review

Abstract

The current legal framework, including common law doctrine, individual state statutes, and the Uniform Partition of Heirs Property Act (UPHPA), fails to meet the needs of heirs property owners in urban communities. This oversight allows real estate speculators to exploit the law, accelerating gentrification, urban blight, displacement of heirs, and the erosion of generational wealth. While Thomas Mitchell’s scholarship has illuminated the challenges of heirs property, its focus on rural contexts neglects the distinct issues faced by urban heirs.

This Note addresses this gap by examining heirs property through an urban lens, emphasizing the unique historical and legal contexts of urban heirs. It argues that states should adopt the UPHPA alongside an urban protocol tailored to mitigate the impracticality of dividing single-family urban homes and to improve access to property wealth. By proposing these reforms, this Note represents a vital step toward curbing the devastating impacts of heirs property ownership on America’s urban centers.

First Page

246

Last Page

286

Publication Date

5-1-2025

Department

College of Law

Suggested Citation

Codi Royall, Note, From Great Migration to Gentrification: Heirs Property in the Urban Context, 45 N. Ill. Univ. L. Rev. 246 (2025).

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