Louisiana House Bill HB850

Louisiana 2024 Regular Session

• Introduced: 4/2/24
• Refer: 4/3/24

Caption

Provides relative to the removal of unauthorized persons from immovable property (OR SEE FISC NOTE GF EX)

Impact

The proposed legislation brings significant changes to how property rights are enforced in Louisiana. It establishes a standardized process whereby property owners can formally submit complaints about unauthorized occupants. Upon verification of the complaint, law enforcement is mandated to act swiftly by issuing eviction notices and restoring possession to the property owner. Additionally, the bill modifies existing laws on criminal mischief to include the unauthorized detainment and damage of property, increasing penalties for such actions. This shift may also impact the dynamics of landlord-tenant relationships by providing a more immediate remedy against unlawful occupancy.

Summary

House Bill 850, introduced by Representative Mike Johnson, seeks to amend current laws regarding the immediate removal of unauthorized individuals from immovable property in Louisiana. The bill stipulates that property owners or their authorized agents can request the sheriff or constable to remove individuals unlawfully occupying their property, provided certain conditions are met. This framework aims to expedite the removal process while preserving property rights and mitigating opportunities for criminal activities such as theft and vandalism. The bill articulates the legislative intent and outlines procedures for requesting and enforcing these removals.

Sentiment

Sentiment surrounding the bill appears to be a mix of support and concern. Proponents argue that it provides essential rights and protections for property owners, especially in cases of squatting or illegal occupancy. They believe it addresses a gap in the current legal framework that fails to protect property owners adequately. However, critics of the bill express worries about potential abuses of power, particularly concerning vulnerable populations who may find themselves unjustly evicted. There is a fear that the expedited process could bypass necessary protections and due process for tenants.

Contention

Notable points of contention include the balance between protecting property rights and ensuring due process for occupants. Critics may argue that the quick removal of individuals could lead to wrongful evictions or misuse of authority by law enforcement. The bill's language allows for significant discretion by property owners and law enforcement, which raises questions about accountability and the potential for discrimination against specific groups. Furthermore, the amendments to penalties for criminal mischief could disproportionately affect individuals without means, as harsher penalties for property crimes may contribute to an escalating cycle of incarceration for low-income residents.