This bill addresses the consequences of unauthorized use of real property by providing a limited alternative remedy to remove a trespasser from real property and providing a criminal penalty for the fraudulent sale or rental of real property.
This bill:
- authorizes property owners or their agents to request assistance from law enforcement for the immediate removal of a trespasser from real property under certain conditions;
- requires an owner seeking removal of a trespasser, or the owner's authorized agent, to submit a complaint;
- specifies requirements for the complaint;
- provides requirements for law enforcement;
- authorizes law enforcement to arrest a trespasser for legal cause;
- authorizes the owner or agent to request that law enforcement stand by while the owner or agent takes possession of the property;
- provides that law enforcement is not liable to any party for loss, destruction, or damage;
- provides that the property owner or agent is not liable to any party for the loss or destruction of, or damage to, personal property unless it was wrongfully removed;
- provides civil remedies;
- imposes criminal penalties for unlawfully possessing of, occupying on, or trespassing on real property intentionally and causing a specified amount of damage;
- imposes criminal penalties for any person who knowingly and willfully presents a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights;
- imposes criminal penalties for fraudulently listing or advertising for sale, or renting or leasing, residential real property under certain circumstances; and
- provides criminal penalties for committing perjury.

Statutes affected:
Substitute #1: 76-6-206
Substitute #2: 76-6-206