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Senate bill would create criminal and expedited procedures to remove unlawful occupiers; opponents raise due-process concerns

2251007 · February 6, 2025
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Summary

Sen. Becky Beard introduced SB 101 to create offenses for unlawful squatting, add a fraudulent-sale/lease offense, and establish an affidavit-based removal procedure to help owners and law enforcement remove unauthorized occupants.

Senator Becky Beard (Senate District 38) brought Senate Bill 101 to the House Business and Labor Committee as the “Stop Squatters Act,” proposing new offenses and an affidavit-based removal process intended to help property owners, builders and law enforcement quickly remove unauthorized occupants.

Beard described the bill as creating the offenses of unlawful squatting and fraudulent sale or lease of property, enhancing procedures in the Landlord–Tenant Act, and adding an affidavit process that would require a sheriff to serve a notice to vacate, allowing property owners to seek immediate law-enforcement assistance when an unauthorized person is occupying their dwelling.

Supporters included the Montana Building Industry Association (Adrienne…

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