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Subcommittee advances bill to speed removal of unauthorized occupants from commercial property

2412422 · February 26, 2025
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Summary

House Bill 216 would create an expedited process for property owners to remove people who occupy commercial buildings without a lease or agreement; the subcommittee advanced the bill unanimously to full judiciary.

The Civil Justice Subcommittee voted 8-0 to send House Bill 216 to full judiciary after members were told the bill would mirror last year's residential anti-squatting law but apply to commercial property.

Sponsor discussion described the bill as targeting situations in which individuals move into a commercial storefront or warehouse and assert a lease or ownership interest the property owner disputes. Under the bill as explained to the subcommittee, an owner could file a sworn complaint asserting no lease or agreement, the sheriff would verify ownership records, and the process could allow removal in as little as 72 hours in some cases.

The sponsor framed the measure as distinct from trespass or vagrancy laws and aimed specifically at those who assert a legal right to occupy commercial property without a contract. The sponsor said current civil procedures can take "up to a year or more and cost tens of thousands of dollars for the property owner to get them out," and that the bill would expedite resolution for owners seeking to regain access.

Members asked clarifying questions about the bill's scope and how it would operate alongside existing trespass statutes and court processes. One member called the conduct "pretty brazen" and said the problem occurs in storefronts and vacant warehouses; another noted trespass laws remain available for criminal conduct but may not remove parties who claim lawful tenancy.

The clerk recorded an 8-0 vote to advance HB216 to full judiciary; no amendments were shown on the subcommittee agenda.