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HOUSE BILL 332
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Catherine J. Cullen and Rod Montoya and Jonathan A. Henry
AN ACT
RELATING TO CRIMINAL OFFENSES; CRIMINALIZING UNLAWFUL
SQUATTING; PROVIDING PENALTIES; PROVIDING FOR A PROPERTY OWNER
TO RECEIVE DAMAGES FOR INJURY TO PROPERTY OCCURRING IN THE
COURSE OF ANOTHER'S UNLAWFUL SQUATTING; PROVIDING A PROCESS FOR
REMOVING AN ALLEGED UNLAWFUL SQUATTER; ALLOWING AN ALLEGED
UNLAWFUL SQUATTER THE OPPORTUNITY TO CONTEST A CITATION FOR
UNLAWFUL SQUATTING; REQUIRING A TRIAL TO DETERMINE PROPERTY
RIGHTS WHERE A PURPORTED PROPERTY OWNER AND AN ALLEGED SQUATTER
CLAIM A RIGHT TO THE SAME REAL PROPERTY; PROVIDING FOR DAMAGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 14 NMSA
1978 is enacted to read:
"[NEW MATERIAL] UNLAWFUL SQUATTING.--
A. A person who enters upon the real property of
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another and resides on such real property for any period of
time without the knowledge or consent of the property owner,
rightful occupant or authorized representative of the property
owner is guilty of the offense of unlawful squatting.
B. Any person who commits unlawful squatting is
guilty of a fourth degree felony."
SECTION 2. Section 30-14-1.1 NMSA 1978 (being Laws 1979,
Chapter 186, Section 2, as amended) is amended to read:
"30-14-1.1. TYPES OF TRESPASS--INJURY TO REALTY--CIVIL
DAMAGES--CIVIL DAMAGES FOR UNLAWFUL SQUATTING .--
A. Any person who enters and remains on the lands
of another after having been requested to leave is guilty of a
misdemeanor.
B. Any person who enters upon the lands of another
when such lands are posted against trespass at every roadway or
apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands
of another except through a roadway or other apparent way of
access, when such lands are fenced in any manner, is guilty of
a misdemeanor.
D. In the event any person enters upon the lands of
another without prior permission and injures, damages or
destroys any part of the realty or its improvements, including
buildings, structures, trees, shrubs or other natural features,
[he] that person shall be liable to the owner, lessee or person
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in lawful possession for damages in an amount equal to double
the amount of the appraised value of the damage of the property
injured or destroyed.
E. A person who commits the offense of unlawful
squatting and injures, damages or destroys any part of the
realty or its improvements, including buildings, structures,
trees, shrubs or other natural features, shall be liable to the
property owner, rightful occupant or authorized representative
of the property owner for damages in an amount equal to two
times the amount of the appraised value of the damage of the
property injured or destroyed. "
SECTION 3. A new section of Chapter 31 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] UNLAWFUL SQUATTER--CITATION--CONTESTING A
CITATION.--
A. A person who commits or is accused of committing
the offense of unlawful squatting as provided for in Section 1
of this 2025 act shall receive a citation advising that the
person may present documentation that authorizes the person's
entry on such land or premises to the head of the issuing law
enforcement agency or the head's designee within three business
days of receiving a citation for unlawful squatting. If the
person is unable to provide the documentation required pursuant
to this section, that person shall be subject to arrest for
unlawful squatting pursuant to Section 1 of this 2025 act.
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B. Documentation provided pursuant to Subsection A
of this section may include a validly executed lease or rental
agreement, proof of rental payments or a deed of real property
in the name of the person accused of unlawfully squatting on
the real property at issue.
C. Nothing in this section shall be construed to
prohibit a property owner, rightful occupant or authorized
representative of the owner from shutting off utilities."
SECTION 4. A new section of Chapter 42 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] REMOVAL OF AN UNLAWFUL SQUATTER FROM
POSSESSION OF REAL PROPERTY--AFFIDAVIT--OPPORTUNITY TO PRESENT
A COUNTER AFFIDAVIT--TRIAL--DAMAGES.--
A. When a person, the person's agent or the
person's attorney presents an affidavit in writing before an
officer authorized to administer an oath setting forth that the
person claims in good faith the right of possession to real
property and that such real property is in the hands of another
person who is allegedly unlawfully squatting, the law
enforcement officer in the county where the real property is
located, upon receipt of the affidavit, shall present the
affidavit to the person alleged to be unlawfully squatting on
the real property at least three days prior to turning that
person out of possession, unless the person in possession
tenders to the law enforcement officer a counter affidavit
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stating that the person claims, in good faith, a legal right to
possession of the real property. The law enforcement officer
shall turn the alleged unlawful squatter out of possession once
three days have elapsed from the day the affidavit was
exhibited.
B. If the person in possession of the real property
at issue submits a counter affidavit pursuant to Subsection A
of this section, a law enforcement officer shall not turn that
person out of possession of the real property but shall leave
both parties in their respective positions. In such an event,
the law enforcement officer shall return both affidavits to the
office of the clerk of the district court in which the real
property at issue is located for a nonjury trial pursuant to
the laws of this state.
C. If the party in possession submits a counter
affidavit or other documentation at trial, upon the
determination of the district court that the affidavit is not
meritorious based on the preponderance of the evidence, a law
enforcement officer shall turn the person out of possession as
soon as practicable pursuant to a writ of possession.
D. The court may award the plaintiff the fair
market value of rent for the duration of the unlawful
squatter's occupancy and other monetary relief found
appropriate by the court. A party shall have the right to
appeal the decision of the court, and such a decision shall be
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directly appealable but shall not be subject to de novo review
by the New Mexico supreme court.
E. If the court finds a verdict for the plaintiff,
the clerk of the court shall issue a writ of possession
pursuant to Section 42-4-12 NMSA 1978 and shall award the costs
of the proceeding and any other monetary relief awarded by the
court. The plaintiff and the court shall be authorized to
present the final order to law enforcement for investigation or
prosecution."
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