The proposed bill establishes the crime of unlawful squatting, defining it as the act of residing on another person's real property without their knowledge or consent. It classifies unlawful squatting as a fourth-degree felony, allowing property owners to seek damages for any injury to their property resulting from such actions. The bill also amends existing laws to include provisions for civil damages related to unlawful squatting, specifying that individuals who commit this offense and cause property damage will be liable for double the appraised value of the damages incurred.

Additionally, the bill outlines a process for property owners to remove alleged unlawful squatters. It requires law enforcement to issue a citation to the accused, allowing them the opportunity to contest the citation by providing documentation of their right to occupy the property. If a counter affidavit is submitted, a nonjury trial will be held to determine possession rights. The court may award damages, including fair market rent for the duration of the unlawful occupancy, and the decision can be appealed, although it will not be subject to de novo review by the New Mexico Supreme Court.

Statutes affected:
introduced version: 30-14-1.1