A bill that will help law enforcement prosecute squatters and phony realtors unanimously passed the Mississippi State Senate Wednesday.
HB #1200 strengthens the ability of law enforcement to prosecute and remove squatters from properties. Squatters have become a problem nationwide as they take advantage of weak laws that allow them to use the court system to their advantage. Several states such as Florida, Georgia, Alabama, New York, and Louisiana recently passed laws cracking down on squatters. Some of the legislation passed with unanimous votes.
The bill also allows law enforcement to prosecute phony realtors. An increasing number of scam artists scour land rolls for properties whose owners are out of state. They find a property that has been vacant for some time, post an ad online, and start collecting rent. A total con job. A synopsis of the bill is posted below.
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State Representatives Shanda Yates, Brent Powell, Clay Mansell, Lance Varner, Gene Newman, Lee Yancey, Fred Shanks, Hank Zuber, Noah Sanford, Jill Ford, Kevin Felsher, and Price Wallace sponsored HB #1200.
State Representative Yates (I-Sal & Mookies ) said squatters fall into a "gray area" of the law. Thus law enforcement is often unable or unwilling to prosecute squatters. Ms. Yates said law enforcement said it wanted a clear enforcement mechanism to handle squatters as and sham realtors. The Mississippi Association of Realtors supported the bill as well.
The Senate amended the bill by removing some language that could affect adverse possession laws. The Senate struck from the bill:
45 any person who commits the crime of trespass or 46 otherwise enters or remains on another person's property for a 47 short period of time or an indefinite period of time without the 48 authority or consent of the owner or without the authority or 49 consent of a person designated by the owner, shall not accrue any 50 property rights based on the trespass or unauthorized entrance 51 regardless of the time the person remains on the property.
The bill will return to the House of Representatives for concurrence. The bill is expected to pass the House. The House approved the unamended version of the bill 99-14 in February.
Ms. Yates said the amendment will do no harm to the bill. I don't think we will have any issues for concurrence. I'm excited to see it get across the finish line this session. She said this bill is the Realtor's Association number one bill this session. The State Representative said over a dozen bills dealing with squatters were filed this year in both chambers.
* Squatter is defined as someone who remains on a property for a period of time or after "a rental agreement has ended." The bill makes it harder for squatters to use the court system to their advantage as in other states as HB #1200 states the squatter will not have the same rights or "eviction process" as a tenant.
* Only the owner of the property has the right to manage or receive payments for use of the property. This clause is important for prosecuting sham realtors.
* Enforcement. The owner of the property or agent must file an affidavit with a law enforcement agency that has jurisdiction over the area. The law enforcement agency includes the Sheriff's office. Thus if a Mayor (can't imagine who) doesn't want his police to arrest squatters, the owner can go to the Sheriff for help.
The law enforcement agency must issue a citation to the squatter within 24 hours after the affidavit is filed. The citation orders the squatter to immediately leave the premises. The squatter has three days to challenge the citation in court or leave. No writ of removal is required. If the squatter does not challenge the eviction and does not leave, law enforcement can remove him from the premises.
The owner is not liable for any damage to the squatter's personal property.
If the squatter challenges eviction in court and loses, the squatter must leave the premises within 24 hours. The court must hold a hearing within seven days after receiving notice the squatter is challenging eviction.
The squatter can be removed in less than 24 hours if he "poses an immediate risk of damage to the premises."
The Court can levy civil and criminal penalties against the squatter.
6 comments:
All criticism aside, this law is sorely needed. That's one effective piece of legislation out of this session. Yates tries to help Jackson, but they fight the shit out of her. Glad she keeps fighting.
Democrats fought this-
State Representative Yates (I-Sal & Mookies ). Sal & Mookies is now a district?
Someone's new here (4:19pm).
If THIS, in totality, is the proposed definition of 'squatter' it won't hold up three seconds in court:
* Squatter is defined as someone who remains on a property for a period of time or after "a rental agreement has ended."
Law enforcement is actively looking for a squatter in our rural community. He moved a trailer with a generator onto someone's land and set up housekeeping with a woman and their baby. When deputies tried to serve a warrant on him last week, he fled into the woods. Neighbors keep seeing him on game cameras. LE removed his truck and the trailer from the property and took custody of the baby a couple days ago. $2500 crime stoppers reward has been posted. He is also wanted for a DUI. The new law will make it easier to remove these parasites.
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