Kansas Legislature advances removal of squatters act under House Bill 2378

On February 11, 2025, the Kansas State Legislature introduced House Bill 2378, aimed at addressing the issue of squatting in residential properties. Proposed by the Committee on Federal and State Affairs at the request of Representative Will Carpenter, the bill seeks to establish a legal framework for property owners to remove unauthorized occupants from their dwellings.

The primary purpose of House Bill 2378 is to reinforce property owners' rights by criminalizing squatting and providing a structured process for the removal of squatters. The bill mandates that property owners or their agents submit a detailed affidavit to the county sheriff, outlining specific criteria that must be met to initiate the removal process. These criteria include confirming that the individual in question is not a tenant, has been requested to vacate, and is not an immediate family member of the owner.

Key provisions of the bill also include criminal penalties for owners or agents who knowingly submit false affidavits, thereby ensuring accountability in the removal process. Additionally, the bill establishes a civil cause of action against owners or agents for wrongful removal, which aims to protect the rights of legitimate occupants.

The introduction of this bill has sparked notable discussions among lawmakers and stakeholders. Proponents argue that it provides necessary protections for property owners and addresses a growing concern regarding unauthorized occupancy. However, critics have raised concerns about potential abuses of the law, particularly regarding the rights of vulnerable individuals who may be displaced without adequate legal recourse.

The implications of House Bill 2378 extend beyond property rights, touching on social issues related to housing security and the treatment of individuals facing homelessness. Experts suggest that while the bill aims to protect property owners, it must also consider the broader context of housing instability and the need for supportive measures for those affected by eviction.

As the legislative session progresses, the bill will likely undergo further scrutiny and debate, with potential amendments aimed at balancing the rights of property owners with the need for humane treatment of individuals facing housing challenges. The outcome of House Bill 2378 could set a significant precedent in Kansas regarding property rights and the legal handling of squatters, making it a critical issue to watch in the coming months.