The proposed bill seeks to update current statutes concerning the removal of unlawful occupants from residential properties and the liability for recording forged claims against real property. Under the new provisions, property owners or their authorized agents would be allowed to request the expeditious removal of unlawful occupants by law enforcement, provided certain conditions are met, such as the unauthorized person's lack of tenancy and the owner's prior direction for them to leave. Additionally, the bill requires the submission of an affidavit of complaint to law enforcement, which must conduct a preliminary investigation before proceeding with removal. Moreover, the bill introduces penalties for unlawful occupancy, classifying it as a class 1 misdemeanor for damages under $1,000 and a class 6 felony for damages of $1,000 or more. It also removes the ability for wrongfully removed individuals to file actions against property owners for restoration of possession and recovery of costs. In terms of liability for forged claims, the bill increases the minimum damages from "not less than five thousand dollars" to "at least $5,000" and clarifies that the owner or beneficial title holder may recover reasonable attorney fees if they prevail in their action. Additionally, it specifies that a person who knowingly records a document creating an invalid interest in real property is guilty of a class 1 misdemeanor. Overall, the legislation aims to enhance property rights and streamline the process for addressing unlawful occupancy.

Statutes affected:
Introduced Version: 33-420, 33-2502
Senate Engrossed Version: 33-420, 33-2502