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Economy Politics USA Wyoming

Wyoming Lawmakers Advance Bill to Allow Law Enforcement to Remove Squatters from Residential Properties

Wyoming Lawmakers Advance Bill to Allow Law Enforcement to Remove Squatters from Residential Properties
The Hall of Justice in downtown Casper
  • PublishedNovember 13, 2024

Wyoming lawmakers are advancing a bill that could soon make it easier for property owners to enlist local law enforcement in removing squatters from residential properties, Wyo File reports.

On Thursday, the state’s Joint Judiciary Committee voted 10-4 to sponsor a bill that establishes a process for property owners to request police intervention to oust unauthorized occupants and introduces additional criminal trespass charges for squatters.

The proposed legislation, which closely resembles a Florida law enacted earlier this year, includes provisions to make squatting accompanied by property destruction a felony, punishable by up to 10 years in prison and a $10,000 fine. It also clarifies that the bill targets squatters specifically, excluding tenants and other occupants with established residency rights.

The committee’s support follows months of deliberation during the legislative off-season, sparked in part by testimony from frustrated property owners like a Casper resident who struggled to remove multiple squatters from her property. Although the squatters eventually left, State Sen. Jim Anderson (R-Casper) argued that the case underscored a gap in existing laws and the need for a more robust legal framework to address unauthorized occupancy.

“I like limiting this bill to squatters,” said Rep. Ken Chestek (D-Laramie), who noted his approval of the bill’s clarity in distinguishing squatters from tenants.

However, Chestek ultimately joined Rep. Karlee Provenza (D-Laramie) and two Freedom Caucus members, Reps. Jeremy Haroldson (R-Wheatland) and Mark Jennings (R-Sheridan), in voting against the bill, citing concerns about potential unintended consequences.

Some committee members voiced uncertainty over the bill’s necessity. Rep. Art Washut (R-Casper) remarked that while some law enforcement representatives felt existing trespass laws were sufficient, others expressed a need for legal adjustments to effectively address squatting.

Evansville Police Chief Mike Thompson raised concerns about the bill’s scope being limited to residential properties, as squatting can occur on various types of properties, including camps, RVs, or tents.

“Squatting isn’t just limited to residential dwellings,” he noted.

Despite his input, the committee ultimately decided to keep the bill focused on residential dwellings.

As written, the bill allows property owners or their agents to seek immediate removal of an unauthorized occupant by law enforcement if the claimant can prove ownership of the property and demonstrate that the squatter has no legal residency rights. Rep. Barry Crago (R-Buffalo) suggested an amendment that removed an earlier draft’s requirement for property owners to ask squatters to leave before contacting authorities.

“There could be some situations where that ends poorly,” Crago explained.

To safeguard tenants’ rights, the committee also amended the bill to specify that the term “unauthorized person” does not include current or former tenants, which was welcomed by Allen Thompson, executive director of the Wyoming Association of Sheriffs and Police Chiefs. He highlighted potential legal liability if law enforcement mistakenly intervened in tenant disputes.

Not all members were convinced that the bill is ready for the upcoming session.

“We’ve done good work today, committee, on cleaning up this bill, but golly gee, it used to mean something that a bill wasn’t ready for prime time,” said Rep. Provenza.

The representative urged the committee to consider additional revisions. The proposed legislation is scheduled for consideration during the Wyoming Legislature’s general session, set to begin on January 14.

Written By
Joe Yans