summary
Introduced
02/07/2025
02/07/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025
03/22/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT RELATING TO CRIMINAL OFFENSES; CRIMINALIZING UNLAWFUL SQUATTING; PROVIDING PENALTIES; PROVIDING FOR A PROPERTY OWNER TO RECEIVE DAMAGES FOR INJURY TO PROPERTY OCCURRING IN THE COURSE OF ANOTHER'S UNLAWFUL SQUATTING; PROVIDING A PROCESS FOR REMOVING AN ALLEGED UNLAWFUL SQUATTER; ALLOWING AN ALLEGED UNLAWFUL SQUATTER THE OPPORTUNITY TO CONTEST A CITATION FOR UNLAWFUL SQUATTING; REQUIRING A TRIAL TO DETERMINE PROPERTY RIGHTS WHERE A PURPORTED PROPERTY OWNER AND AN ALLEGED SQUATTER CLAIM A RIGHT TO THE SAME REAL PROPERTY; PROVIDING FOR DAMAGES.
AI Summary
This bill creates a new criminal offense of unlawful squatting in New Mexico, which occurs when a person enters and resides on another's property without the owner's knowledge or consent. The offense is classified as a fourth-degree felony. The bill establishes a specific process for addressing squatting, including a citation system that allows the alleged squatter three business days to provide documentation proving their right to be on the property, such as a lease agreement or property deed. If they cannot provide such documentation, they may be subject to arrest. The bill also provides a legal mechanism for property owners to remove unauthorized occupants, which involves filing an affidavit with local law enforcement. If the person in possession contests the removal by submitting a counter affidavit, the matter will be resolved through a non-jury trial in district court. Additionally, the bill allows property owners to seek damages for any injury or destruction to the property, with potential compensation of up to twice the appraised value of the damage. The legislation aims to provide property owners with clearer legal recourse against individuals who occupy their property without permission, while also offering the alleged squatter an opportunity to prove their legal right to occupy the property.
Committee Categories
Business and Industry
Sponsors (3)
Last Action
Sent to HCPAC - Referrals: HCPAC/HJC (on 02/07/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=332&year=25 |
Fiscal Note | https://www.nmlegis.gov/Sessions/25%20Regular/firs/HB0332.PDF |
BillText | https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0332.pdf |
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