Indiana 2025 Regular Session

Indiana Senate Bill SB0070 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 70
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-31-12.
7	7	Synopsis: Protection of property rights. Defines "squatter" as an
8	8	individual who occupies the residential real property of another and
9	9	who does not have and has never had: (1) a rental agreement; (2)
10	10	permission of the owner; or (3) another legal interest in the residential
11	11	real property; authorizing the individual to occupy the residential real
12	12	property. Provides that under certain circumstances, a property owner
13	13	may obtain an expedited removal of a squatter from the property
14	14	owner's residential real property.
15	15	Effective: July 1, 2025.
16	16	Dernulc
17	17	January 8, 2025, read first time and referred to Committee on Judiciary.
18	18	2025 IN 70—LS 6309/DI 154 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	SENATE BILL No. 70
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	property.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
34	34	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2025]:
36	36	4 Chapter 12. Expedited Removal of Squatters From Residential
37	37	5 Real Property
38	38	6 Sec. 1. This chapter applies only to the removal of a squatter
39	39	7 from residential real property.
40	40	8 Sec. 2. As used in this chapter, "residential real property" refers
41	41	9 to a lot or other parcel that contains a residential dwelling.
42	42	10 Sec. 3. (a) As used in this chapter, "squatter" means an
43	43	11 individual who:
44	44	12 (1) occupies the residential real property of another person;
45	45	13 (2) does not have a rental agreement, permission of the
46	46	14 property owner, or any other property interest authorizing
47	47	15 the individual to occupy the other person's residential real
48	48	16 property; and
49	49	17 (3) has never had a rental agreement, permission of the
50	50	2025 IN 70—LS 6309/DI 154 2
51	51	1 property owner, or any other property interest that
52	52	2 authorized the individual to occupy the other person's
53	53	3 residential real property.
54	54	4 (b) The term does not include any of the following:
55	55	5 (1) A person whose rental agreement has expired or who may
56	56	6 have violated the rental agreement.
57	57	7 (2) An immediate family member of the property owner.
58	58	8 (3) A person who initially entered the residential real
59	59	9 property of another person when the property was open to the
60	60	10 public.
61	61	11 Sec. 4. To request the expedited removal of a squatter, the
62	62	12 property owner or the property owner's authorized agent must
63	63	13 execute an affidavit. The executed affidavit must be in substantially
64	64	14 the following form:
65	65	15 I, _______ (insert name), the owner or authorized agent of the
66	66	16 owner of the residential real property located at _________
67	67	17 (insert address of the residential real property), declare under
68	68	18 the penalty of perjury that (initial each box):
69	69	19 1. ____ I am the owner of the residential real property or
70	70	20 the authorized agent of the owner of the residential real
71	71	21 property.
72	72	22 2. ____ I purchased the residential real property on ______
73	73	23 (date of purchase).
74	74	24 3. ____ An unauthorized person has unlawfully entered
75	75	25 and is remaining or residing on the residential real
76	76	26 property.
77	77	27 4. ____ The residential real property was not open to
78	78	28 members of the public at the time the unauthorized person
79	79	29 entered.
80	80	30 5. ____ I have directed the unauthorized person to leave
81	81	31 the residential real property, but they have not done so.
82	82	32 6. ____ The unauthorized person is not a current or former
83	83	33 tenant pursuant to any valid lease authorized by the
84	84	34 property owner, and any lease that may be produced by an
85	85	35 occupant is fraudulent.
86	86	36 7. ____ The unauthorized person sought to be removed is
87	87	37 not an owner or co-owner of the residential real property
88	88	38 and has not been listed on the title to the residential real
89	89	39 property unless the unauthorized person has engaged in
90	90	40 title fraud.
91	91	41 8. ____ The unauthorized person is not an immediate
92	92	42 family member of the property owner.
93	93	2025 IN 70—LS 6309/DI 154 3
94	94	1 9. ____ There is no litigation related to the residential real
95	95	2 property pending between the property owner and the
96	96	3 person sought to be removed.
97	97	4 10. ____ I understand that a person removed from the
98	98	5 residential real property pursuant to IC 32-31-12 may
99	99	6 bring a cause of action against me for any false statements
100	100	7 made in this affidavit, or for wrongfully using this
101	101	8 procedure, and that as a result of such action I may be held
102	102	9 liable for actual damages, penalties, costs, and reasonable
103	103	10 attorney's fees.
104	104	11 11. ____ I am requesting the appropriate law enforcement
105	105	12 agency to immediately remove the unauthorized person
106	106	13 from the residential real property.
107	107	14 12. ____ A copy of my valid government issued
108	108	15 identification is attached, or I am an agent of the property
109	109	16 owner, and documents evidencing my authority to act on
110	110	17 the property owner's behalf are attached.
111	111	18 I HAVE READ EACH STATEMENT MADE IN THIS
112	112	19 AFFIDAVIT AND EACH STATEMENT IS TRUE AND
113	113	20 CORRECT. I UNDERSTAND THAT THE STATEMENTS
114	114	21 MADE IN THIS PETITION ARE BEING MADE UNDER
115	115	22 PENALTY OF PERJURY, PUNISHABLE UNDER
116	116	23 IC 35-44.1-2-1.
117	117	24 _________________
118	118	25 Signature of affiant
119	119	26 Sec. 5. (a) The property owner must provide a law enforcement
120	120	27 agency with a copy of the affidavit described in section 4 of this
121	121	28 chapter to request immediate removal of a squatter.
122	122	29 (b) When the law enforcement agency receives a copy of the
123	123	30 affidavit described in section 4 of this chapter, the law enforcement
124	124	31 agency shall verify that the person submitting the affidavit:
125	125	32 (1) is the record owner of the residential real property or the
126	126	33 authorized agent of the property owner; and
127	127	34 (2) appears otherwise entitled to relief under this chapter.
128	128	35 (c) If the affidavit is verified by the law enforcement agency
129	129	36 under subsection (b), the law enforcement agency shall serve a
130	130	37 notice to the squatter to immediately vacate the residential real
131	131	38 property and remove the squatter from the residential real
132	132	39 property.
133	133	40 (d) The law enforcement agency shall dispatch one (1) or more
134	134	41 officers to serve the notice to immediately vacate the residential
135	135	42 real property and remove the squatter as soon as practicable after
136	136	2025 IN 70—LS 6309/DI 154 4
137	137	1 the law enforcement agency verifies the affidavit under subsection
138	138	2 (b).
139	139	3 (e) A law enforcement officer dispatched to serve a notice to
140	140	4 immediately vacate residential real property and remove a
141	141	5 squatter shall, at the request of the property owner, remain on the
142	142	6 scene while the property owner:
143	143	7 (1) changes the locks to the residential real property; or
144	144	8 (2) removes the personal property of the squatter.
145	145	9 (f) In addition to removing the squatter from the residential real
146	146	10 property, a law enforcement officer may arrest the squatter if the
147	147	11 officer has probable cause to believe that the squatter has
148	148	12 committed an offense.
149	149	13 Sec. 6. A law enforcement agency that serves a notice to
150	150	14 immediately vacate residential real property and removes a
151	151	15 squatter is entitled to a fee for service.
152	152	16 Sec. 7. (a) A law enforcement agency or officer is not liable to a
153	153	17 squatter or any other party for the loss, destruction, or damage of
154	154	18 property.
155	155	19 (b) A property owner or an authorized agent of a property
156	156	20 owner is not liable to a squatter or any other party for the loss,
157	157	21 destruction, or damage to the personal property of the squatter or
158	158	22 any other party unless the removal was wrongful.
159	159	23 Sec. 8. (a) An individual who alleges that the individual was
160	160	24 wrongfully removed under this chapter may bring a cause of action
161	161	25 for wrongful removal.
162	162	26 (b) The individual may seek remedies, including:
163	163	27 (1) restoration of possession;
164	164	28 (2) actual costs;
165	165	29 (3) damages; and
166	166	30 (4) attorney's fees.
167	167	31 Sec. 9. The provisions for the removal of a squatter under this
168	168	32 chapter are in addition to and supplement any other legal remedies
169	169	33 available to the property owner, including filing an action for
170	170	34 possession or emergency possession under this article.
171	171	2025 IN 70—LS 6309/DI 154