LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6579 NOTE PREPARED: Mar 27, 2025
BILL NUMBER: SB 157 BILL AMENDED: Mar 24, 2025
SUBJECT: Protection of Property Rights.
FIRST AUTHOR: Sen. Gaskill BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Rep. King
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill defines "squatter" as an individual who occupies the property of another
and who does not have and has never had: (1) a rental agreement; (2) permission of the owner; or (3) another
legal interest in the property. It permits a property owner to execute an affidavit stating that a squatter is
occupying the person's property, and requires a law enforcement agency to dispatch one or more law
enforcement officers to remove the squatter within 48 hours (or a later period if necessary for reasons of
public safety). It provides that a property owner can execute an affidavit at the time a law enforcement officer
responds to a complaint that a squatter is occupying the owner's property. It also requires a dispatched law
enforcement officer to remove the squatter from the property unless the law enforcement officer discovers
credible evidence that the person is not a squatter.
This bill provides certain immunities to a law enforcement agency and a law enforcement officer and
establishes a cause of action for wrongful removal from property.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: Civil Case Court Fees: If additional civil cases occur from individuals who
believe that they were wrongfully removed from the property and court fees are collected, revenue to the state
General Fund will increase. The total revenue per case would range between $100 and $122. The amount
deposited will vary depending on whether the case is filed in a court of record or a municipal court. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in civil,
probate, and small claims cases.
Additionally, if a personal prevails in an action for wrongful removal from the property, the bill’s provisions
require the court to impose a fine of $25,000 against the affiant that will be deposited in the state General
Fund. Estimated revenue from these fines are not readily determinable.
Explanation of Local Expenditures: This bill’s provisions may result in an increase in both the workload
SB 157 1 and costs for local law enforcement agencies since the bill provides an additional process for real property
owners to remove individuals from their property beyond the current eviction statutes and processes. This
additional process would also apply to the removal of squatters from a railroad or a railroad car. Additionally,
the bill provides immunity from civil liability for law enforcement agencies when it comes to implementing
the provisions in the bill. By providing immunity, this could help defray any legal costs that local law
enforcement agencies might incur due to civil case potentially brought by those who believe they were
unlawfully removed from a property. The actual fiscal impact will vary from county to county and will be
determined by the number of cases involving individuals defined as a “squatter” under the bill’s provisions.
Explanation of Local Revenues: Civil Case Court Fees: If additional civil cases occur from individuals who
believe that they were wrongfully removed from the property, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected:
Local Agencies Affected: Local Law Enforcement Agencies; Trial courts, city and town courts; County
sheriffs.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: James Johnson, 317-232-9869.
SB 157 2