summary
Introduced
02/17/2025
02/17/2025
In Committee
04/04/2025
04/04/2025
Crossed Over
03/05/2025
03/05/2025
Passed
04/12/2025
04/12/2025
Dead
Signed/Enacted/Adopted
04/29/2025
04/29/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend and reenact §55-3C-1 and §55-3C-2 of the Code of West Virginia, 1931, as amended, and adding thereto the following new sections, designated §55-3C-3, §55- 3C-4, §55-3C-5,and §55-3C-6, all relating to squatting; establishing the Stop Squatters Act; providing a short title and findings; amending the definition of squatting and adding a definition for squatter; providing a limited alternative remedy to remove unauthorized persons from residential and commercial real properties; providing for the immediate removal by a law- enforcement agency upon request of the property owner of any person unlawfully occupying a residential dwelling or commercial building if certain conditions are met; providing a civil cause of action for wrongful removal; establishing misdemeanor and felony offenses for unlawfully occupying and intentionally damaging a residential dwelling or commercial building and providing penalties upon conviction thereof; establishing a misdemeanor offense for knowingly presenting a false document purporting to convey real property and providing penalties upon conviction thereof; and establishing a felony offense for any person who knowingly lists or advertises residential real property or a commercial building for sale or renting without legal title or authority and providing penalties upon conviction thereof
AI Summary
This bill establishes the Stop Squatters Act, which provides a comprehensive legal framework for addressing unauthorized occupation of residential and commercial properties in West Virginia. The legislation defines a "squatter" as someone unlawfully occupying a property without authorization from the owner or tenant, and clarifies that squatting is considered criminal trespass. The bill creates a streamlined process for property owners to request law enforcement remove unauthorized occupants, provided specific conditions are met, such as the property not being open to the public, the owner having directed the occupants to leave, and no pending litigation exists. The act establishes criminal penalties for squatters who damage property, with misdemeanor charges for damages under $1,000 and felony charges for damages exceeding $1,000. Additionally, the bill creates a felony offense for individuals who fraudulently list or advertise properties for sale or rent without legal title, with potential imprisonment of one to ten years and fines up to $2,500. The legislation also includes safeguards against false complaints, allowing for potential civil action by wrongfully removed individuals and providing immunity protections for law enforcement acting in good faith. Fundamentally, the bill aims to strengthen property owners' rights and provide a more immediate remedy for removing unauthorized occupants compared to traditional eviction processes.
Committee Categories
Justice
Sponsors (9)
Mike Hornby (R)*,
Geno Chiarelli (R),
Kathie Crouse (R),
Joe Funkhouser (R),
Josh Holstein (R),
Laura Kimble (R),
Jordan Maynor (R),
Bryan Ward (R),
Jimmy Willis (R),
Last Action
Approved by Governor 4/29/2025 (on 04/29/2025)
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