HOUSE BILL 332
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Catherine J. Cullen and Rod Montoya and Jonathan A. Henry
AN ACT
RELATING TO CRIMINAL OFFENSES; CRIMINALIZING UNLAWFUL SQUATTING; PROVIDING PENALTIES; PROVIDING FOR A PROPERTY OWNER TO RECEIVE DAMAGES FOR INJURY TO PROPERTY OCCURRING IN THE COURSE OF ANOTHER'S UNLAWFUL SQUATTING; PROVIDING A PROCESS FOR REMOVING AN ALLEGED UNLAWFUL SQUATTER; ALLOWING AN ALLEGED UNLAWFUL SQUATTER THE OPPORTUNITY TO CONTEST A CITATION FOR UNLAWFUL SQUATTING; REQUIRING A TRIAL TO DETERMINE PROPERTY RIGHTS WHERE A PURPORTED PROPERTY OWNER AND AN ALLEGED SQUATTER CLAIM A RIGHT TO THE SAME REAL PROPERTY; PROVIDING FOR DAMAGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 14 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL SQUATTING.--
A. A person who enters upon the real property of another and resides on such real property for any period of time without the knowledge or consent of the property owner, rightful occupant or authorized representative of the property owner is guilty of the offense of unlawful squatting.
B. Any person who commits unlawful squatting is guilty of a fourth degree felony."
SECTION 2. Section 30-14-1.1 NMSA 1978 (being Laws 1979, Chapter 186, Section 2, as amended) is amended to read:
"30-14-1.1. TYPES OF TRESPASS--INJURY TO REALTY--CIVIL DAMAGES--CIVIL DAMAGES FOR UNLAWFUL SQUATTING.--
A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, [he] that person shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.
E. A person who commits the offense of unlawful squatting and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, shall be liable to the property owner, rightful occupant or authorized representative of the property owner for damages in an amount equal to two times the amount of the appraised value of the damage of the property injured or destroyed."
SECTION 3. A new section of Chapter 31 NMSA 1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL SQUATTER--CITATION--CONTESTING A CITATION.--
A. A person who commits or is accused of committing the offense of unlawful squatting as provided for in Section 1 of this 2025 act shall receive a citation advising that the person may present documentation that authorizes the person's entry on such land or premises to the head of the issuing law enforcement agency or the head's designee within three business days of receiving a citation for unlawful squatting. If the person is unable to provide the documentation required pursuant to this section, that person shall be subject to arrest for unlawful squatting pursuant to Section 1 of this 2025 act.
B. Documentation provided pursuant to Subsection A of this section may include a validly executed lease or rental agreement, proof of rental payments or a deed of real property in the name of the person accused of unlawfully squatting on the real property at issue.
C. Nothing in this section shall be construed to prohibit a property owner, rightful occupant or authorized representative of the owner from shutting off utilities."
SECTION 4. A new section of Chapter 42 NMSA 1978 is enacted to read:
"[NEW MATERIAL] REMOVAL OF AN UNLAWFUL SQUATTER FROM POSSESSION OF REAL PROPERTY--AFFIDAVIT--OPPORTUNITY TO PRESENT A COUNTER AFFIDAVIT--TRIAL--DAMAGES.--
A. When a person, the person's agent or the person's attorney presents an affidavit in writing before an officer authorized to administer an oath setting forth that the person claims in good faith the right of possession to real property and that such real property is in the hands of another person who is allegedly unlawfully squatting, the law enforcement officer in the county where the real property is located, upon receipt of the affidavit, shall present the affidavit to the person alleged to be unlawfully squatting on the real property at least three days prior to turning that person out of possession, unless the person in possession tenders to the law enforcement officer a counter affidavit stating that the person claims, in good faith, a legal right to possession of the real property. The law enforcement officer shall turn the alleged unlawful squatter out of possession once three days have elapsed from the day the affidavit was exhibited.
B. If the person in possession of the real property at issue submits a counter affidavit pursuant to Subsection A of this section, a law enforcement officer shall not turn that person out of possession of the real property but shall leave both parties in their respective positions. In such an event, the law enforcement officer shall return both affidavits to the office of the clerk of the district court in which the real property at issue is located for a nonjury trial pursuant to the laws of this state.
C. If the party in possession submits a counter affidavit or other documentation at trial, upon the determination of the district court that the affidavit is not meritorious based on the preponderance of the evidence, a law enforcement officer shall turn the person out of possession as soon as practicable pursuant to a writ of possession.
D. The court may award the plaintiff the fair market value of rent for the duration of the unlawful squatter's occupancy and other monetary relief found appropriate by the court. A party shall have the right to appeal the decision of the court, and such a decision shall be directly appealable but shall not be subject to de novo review by the New Mexico supreme court.
E. If the court finds a verdict for the plaintiff, the clerk of the court shall issue a writ of possession pursuant to Section 42-4-12 NMSA 1978 and shall award the costs of the proceeding and any other monetary relief awarded by the court. The plaintiff and the court shall be authorized to present the final order to law enforcement for investigation or prosecution."
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