89th Legislature

HB 414

Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 414 creates new legal remedies and penalties to address unauthorized entry and occupancy of real property, targeting fraudulent activities such as occupying, leasing, or selling residential property without legal authority. The bill criminalizes actions like presenting false documents, such as fraudulent leases or deeds, and penalizes fraudulent advertising, sale, or lease of property by individuals lacking legal ownership or authority. It provides property owners or their agents the ability to request immediate removal of unauthorized occupants through the county sheriff, supported by a sworn complaint detailing the unauthorized occupancy. Unauthorized occupants have legal recourse for wrongful removal, including recovery of damages, court costs, and attorney fees, while property owners and sheriffs are granted immunity from liability for damage caused during lawful removal. Enhanced penalties are introduced for fraudulent property transactions and property damage to reflect the severity of the offenses. The act takes effect on September 1, 2025.
Author
Terri Leo-Wilson
Nicole Collier
Co-Author
Caroline Harris Davila
Carrie Isaac
William Metcalf
Joanne Shofner
Valoree Swanson