Proposal sets rules for removing people accused of squatting

A person who enters and lives on someone else's property without the required person's knowledge or consent would commit a fourth-degree felony. It covers entering and residing on another person's real property for any length of time without the knowledge or consent of the owner, rightful occupant, or the owner's authorized representative.

A person accused of unlawful squatting would receive a citation and could present documents supporting permission to enter. This applies to a person accused of the proposed unlawful squatting offense. If the person cannot provide the requested documents, the person would be subject to arrest. An owner, rightful occupant, or authorized representative could shut off utilities serving the property. The three business days run from receipt of the citation. Documents may be given to the head of the issuing law enforcement agency or that person's designee.

A law enforcement officer would give an affidavit claiming a good-faith right to possession to the alleged squatter and remove that person after three days unless a counter affidavit is submitted. The affidavit must claim in good faith a right to possess the real property and allege that another person is unlawfully squatting there. If the alleged squatter submits a counter affidavit claiming a good-faith legal right to possession, the officer would leave both parties in place and send the affidavits to the district court for a nonjury trial. If the court finds the claim lacks merit based on the greater weight of the evidence, an officer would remove the person under a court order. The court could award rent for the occupancy and other money, and either party could appeal. The officer must present the affidavit at least three days before removal. If the alleged squatter submits a counter affidavit, removal waits for the court process.

A person who commits unlawful squatting and damages property would owe double the appraised damage amount. It applies when a person committing unlawful squatting injures, damages, or destroys real property or its improvements. The damages are owed to the property owner, rightful occupant, or authorized representative.