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Bill > HB144


NM HB144

NM HB144
Crime Of Unlawful Squatting


summary

Introduced
01/22/2026
In Committee
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO CRIMINAL OFFENSES; CREATING THE CRIME OF UNLAWFUL SQUATTING; PROVIDING FOR A PROPERTY OWNER TO RECEIVE DAMAGES FOR INJURY TO PROPERTY THAT RESULTS FROM 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 PENALTIES.

AI Summary

This bill establishes the crime of unlawful squatting, defined as entering and residing on another's real property without the owner's knowledge or consent, which is a fourth-degree felony. It also allows property owners to seek double the appraised value of damages if an unlawful squatter injures their property, similar to existing provisions for trespass. The bill outlines a process for removing alleged unlawful squatters: a property owner can submit an affidavit claiming possession, and if the alleged squatter doesn't provide a counter-affidavit claiming a legal right to possession within three days, they can be removed by law enforcement. If a counter-affidavit is filed, the case goes to district court for a trial to determine property rights, and the court can award damages for rent and other relief, with a direct appeal process to the New Mexico Supreme Court. Additionally, individuals accused of unlawful squatting will receive a citation and have three business days to provide documentation, such as a lease or deed, to the issuing law enforcement agency to contest the accusation.

Sponsors (3)

Last Action

Not Printed (on 01/22/2026)

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