Montana Senate passes SB 101 introducing unlawful squatting penalties

Senate Bill 101, introduced on April 2, 2025, by Senators B. Beard and M. Vinton, aims to address the growing issue of squatting in Montana by establishing clear legal definitions and penalties for unlawful occupancy of property. The bill seeks to create the offense of unlawful squatting, which is defined as knowingly residing on someone else's property without consent. Offenders could face misdemeanor charges and be required to pay restitution equivalent to the fair market rent for the duration of their stay.

Key provisions of the bill include the immediate removal of individuals found to be unlawfully squatting, allowing law enforcement to act swiftly to clear properties. Additionally, the bill introduces penalties for those who present false documents to justify their presence on the property, categorizing such actions as forgery. It also addresses potential property damage by classifying intentional damage as criminal mischief.

The bill has sparked notable debates among lawmakers and community members. Proponents argue that it provides necessary protections for property owners and helps maintain community standards. Critics, however, express concerns about the potential for misuse of the law, particularly regarding the rights of vulnerable populations who may be facing housing instability.

Economic implications of the bill could be significant, as it may deter property crimes and encourage responsible property management. However, opponents warn that it could disproportionately affect low-income individuals and exacerbate homelessness if not implemented with safeguards.

As the legislative process continues, experts suggest that the bill's passage could lead to increased scrutiny of property rights and the treatment of squatters in Montana. The outcome of Senate Bill 101 will likely influence future discussions on housing policy and law enforcement practices in the state.