HELENA — On Tuesday, Montana lawmakers heard proposed legislation aimed at strengthening and reforming laws addressing squatting on private property. Proponents say it adds “teeth” to the existing Montana code, while opponents say it’s unnecessary.
“Essentially the language in this bill reforms and strengthens protections so property owners can expeditiously regain possession of their property,” said the bill’s sponsor Sen. Becky Beard, R-Elliston, at the Senate Judiciary Committee hearing. “It establishes consequences for false claims and minimizes related costs due to delayed action.”
Senate Bill 101 creates a framework for the removal of squatters by creating a criminal offense for unlawful squatting, creates a process for the removal of a squatter and adds liability protections to law enforcement when removing someone found in violation. It also creates an offense if someone provides false testimony about a lease or tenant agreement.
Advocates said the bill is needed to add real consequences to the current Montana code when removing someone, and will hopefully help disputes be resolved faster and not dragged through civil court.
"Montana law already allows for the removal of unauthorized people... this bill gives teeth to that," said Jim Manley with the Pacific Legal Foundation."
State President of the Montana Landlords Association John Sinrud said he supported the bill with some reservations regarding the language used. He noted the difficulty many Montana landlords and property owners have getting law enforcement to remove someone who is staying an extended time on private property and does not have a lease.
“The issue is law enforcement refuses to act and actually remove those individuals. We have one sheriff in this state that actually does it and he does a darn good job. I’ve had other sheriffs that when called will not remove those individuals,” said Sinrud.
Some opponents said the bill could be used to unfairly target renters when a landlord wants them removed, while others said SB 101 was unnecessary because Montana already has criminal trespassing laws on the books.
“We have laws on trespassing,” said Mary Kay DeMers, Helena Chapter president of the Montana Landlords Association. “I believe I have experienced that by having trespassers served with a deputy and warned that the next trespass they have is going to be criminal trespass.”
Opponents also raised the potential cost to law enforcement agencies. A fiscal note for the bill has not yet been filed.
