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Ref to the Com on Judiciary 1, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House2025-03-10

Vote Breakdown

No floor votes recorded.

Plain Language Summary

This bill creates a faster legal process for property owners to remove squatters (unauthorized persons) from residential property in North Carolina. Property owners can file a sworn affidavit with a clerk of court or magistrate for a $25 fee, and law enforcement must remove the unauthorized person within 24 hours if conditions are met.

Arguments in Favor

• •Supporters argue this bill protects property owners' rights by providing a quick, streamlined remedy against squatters who occupy property without permission or payment.
• •The process prevents lengthy court battles and helps owners regain control of their property faster.
• •Additionally, the bill includes penalties for false claims (perjury charges) and allows removed persons to sue for damages if wrongfully removed, providing safeguards against abuse.

Arguments Against

• •Opponents worry the expedited process may not adequately protect people's due process rights, as removal happens within 24 hours with limited opportunity to contest claims before removal occurs.
• •Critics express concern that the affidavit-based system could be misused to remove people with legitimate claims (such as those in informal agreements or family members), and that vulnerable populations without resources to pursue legal remedies afterward could be harmed.
• •Some question whether the liability protections for law enforcement and the $25 fee adequately incentivize careful verification of claims.