Representative Kendrick presented two related measures that the committee approved: House Bill 1016, which creates a narrowly defined mechanism for ‘‘interested third parties’’ to file an affidavit, notify the property owner and, absent a counter-affidavit from the occupant, allow sheriff action to remove squatters; and House Resolution 1046, a proposed constitutional amendment intended to resolve standing questions by amending the state constitution’s property-rights provisions.
In his presentation Representative Kendrick said the bill is designed to address neighborhoods where nonowners cannot easily identify or compel absentee corporate owners to remove unlawfully occupying persons. He described a process in which a qualifying interested party files an affidavit, posts notice on the property and, if the squatter does not timely file a counter-affidavit, the sheriff is authorized to remove the occupant.
Committee members clarified legal and constitutional implications; sponsors said counsel recommended running a constitutional amendment in parallel to reduce the chance of a successful constitutional challenge to the statute. Both measures were moved and passed in committee by voice vote.
What happens next: Both HR 1046 (constitutional amendment) and HB 1016 (statutory enactment) were reported favorably out of committee and will proceed in the legislative process.