Montana lawmakers introduce Senate Bill 101 to combat unlawful squatting practices

On April 17, 2025, the Montana Legislature introduced Senate Bill 101, a significant piece of legislation aimed at addressing the growing concerns surrounding squatting and property rights in the state. The bill, sponsored by Senators B. Beard and M. Vinton, seeks to create a legal framework for handling unlawful squatting, which has become an increasingly pressing issue for property owners and law enforcement alike.

At the heart of Senate Bill 101 is the establishment of the offense of unlawful squatting, which criminalizes the act of occupying a property without the owner's consent. This provision aims to provide property owners with a clearer path to reclaim their spaces and deter potential squatters. Additionally, the bill introduces the offense of fraudulent sale or lease of property, targeting individuals who may exploit vulnerable situations by misrepresenting property ownership.

One of the key features of the bill is the proposed process for the removal of individuals found to be unlawfully squatting. This process is designed to streamline the eviction procedure, allowing law enforcement to act swiftly while also ensuring that property owners can recover their properties without unnecessary delays. The bill also includes provisions for a fee for service for law enforcement, which could help offset the costs associated with these removals.

However, the bill is not without its controversies. Critics have raised concerns about the potential for abuse, particularly regarding the civil cause of action for wrongful removal. This provision allows individuals who believe they have been wrongfully evicted to seek legal recourse, which some argue could lead to frivolous lawsuits against property owners and law enforcement. Additionally, the indemnity clause for good faith conduct of law enforcement has sparked debate about the balance between protecting property rights and ensuring accountability for law enforcement actions.

The implications of Senate Bill 101 extend beyond legal definitions; they touch on economic and social aspects of community life. By clarifying the laws surrounding squatting, the bill aims to protect property values and enhance neighborhood stability, which could have positive effects on local economies. However, the potential for increased legal disputes may also create challenges for both property owners and law enforcement.

As the bill moves through the legislative process, its supporters argue that it is a necessary step to protect property rights and provide a clear mechanism for addressing squatting. Opponents, on the other hand, caution that the bill could lead to unintended consequences that may disproportionately affect vulnerable populations.

In conclusion, Senate Bill 101 represents a critical effort by Montana lawmakers to tackle the issue of squatting while balancing the rights of property owners and the need for fair treatment of individuals. As discussions continue, the outcome of this legislation will likely have lasting effects on communities across the state, shaping the landscape of property rights and law enforcement practices in Montana.