The proposed bill aims to criminalize unlawful squatting by defining it as the act of residing on another person's property without consent, classifying it as a fourth-degree felony. It establishes penalties for individuals found guilty of this offense and allows property owners to seek damages for any injury to their property caused by unlawful squatters. The bill also outlines a process for property owners to remove alleged squatters, including the issuance of a citation that allows the accused to contest the claim by providing documentation of their right to occupy the property.

Additionally, the bill introduces a legal framework for handling disputes between property owners and alleged squatters. It requires law enforcement to present affidavits from property owners claiming possession and allows alleged squatters to submit counter-affidavits. If a counter-affidavit is filed, the case will proceed to a nonjury trial to determine the rightful possessor of the property. The court may award damages to the property owner, including the fair market value of rent for the duration of the squatter's occupancy, and the decision can be appealed. The bill also includes provisions for the issuance of a writ of possession if the court rules in favor of the property owner.

Statutes affected:
introduced version: 30-14-1.1