Montana Legislature passes SB 101 to combat unlawful squatting and property fraud

On April 17, 2025, the Montana Legislature introduced Senate Bill 101, a significant legislative measure aimed at addressing the growing issue of squatting within the state. This bill seeks to establish clear legal definitions and consequences for unlawful squatting and fraudulent property transactions, reflecting a proactive approach to property rights and law enforcement.

The primary purpose of Senate Bill 101 is to create the offense of unlawful squatting, defined as knowingly entering and residing on another person's property without consent. Under the proposed law, individuals found guilty of this misdemeanor would face penalties, including restitution equivalent to the fair market rent for the duration of their occupancy. Additionally, the bill introduces provisions for law enforcement to remove squatters immediately, thereby streamlining the eviction process and providing legal protection for officers acting in good faith.

Another critical aspect of the bill addresses fraudulent sales or leases of property. It criminalizes the act of knowingly listing or advertising property without proper authorization, thereby protecting property owners from deceptive practices. This provision aims to deter individuals from exploiting legal loopholes that could lead to unauthorized occupancy or financial loss for legitimate property owners.

The introduction of Senate Bill 101 has sparked notable debates among lawmakers and stakeholders. Proponents argue that the bill is essential for safeguarding property rights and providing law enforcement with the necessary tools to combat squatting effectively. They emphasize the need for clear legal frameworks to protect homeowners and landlords from potential exploitation.

Conversely, opponents of the bill express concerns about the potential for misuse and the impact on vulnerable populations, particularly those facing housing instability. Critics argue that the bill could disproportionately affect individuals in precarious living situations, leading to further marginalization.

The economic implications of Senate Bill 101 are significant, as it aims to enhance property security and encourage responsible property management. By clarifying the legal consequences of squatting and fraudulent property transactions, the bill could foster a more stable real estate market in Montana.

As the legislative process unfolds, experts suggest that the bill's passage could lead to a more robust legal framework for property rights in Montana. However, the ongoing discussions surrounding its potential impact on vulnerable communities will likely shape the final version of the legislation.

In conclusion, Senate Bill 101 represents a critical step in addressing the challenges posed by unlawful squatting and fraudulent property transactions in Montana. As the bill progresses through the legislative process, its implications for property rights, law enforcement, and community welfare will continue to be closely monitored.