Legislative Notes
Bill protects rights by prohibiting unlawful squatting on private property
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Sen. Becky Beard, R-Elliston
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The right to private property is one of the fundamental aspects of life in America, and the Constitution makes sure to establish this. Following that example, the drafters of Montana’s State Constitution included safeguards for private property as well, with ownership and protection of property appearing over a dozen times in the text. In recent years, however, both the nation and the state of Montana have seen an increase in squatting cases.
The term “squatting” describes an instance where a person inhabits another individual’s private property without the owner’s approval. While Montana law currently prohibits trespassing, squatters have managed to maneuver around the law and slip under the radar. To prevent this from occurring any further, I recently introduced Senate Bill 101, which creates the framework for protections and enforcement of property rights in the event of a squatter occupying private property. The language in this bill essentially reforms and strengthens protections so that property owners can promptly regain possession of their property, it establishes consequences for false complaints, and it minimizes related costs due to delayed action. A property owner may request law enforcement to immediately remove an unauthorized person or trespasser pursuant to this revised law. Conversely, a property owner who knowingly provides false information will be required to compensate the law enforcement agency for any damages or losses that the agency sustained.
By holding offenders accountable and providing clear enforcement procedures, SB 101 aims to protect property owners and ensure the integrity of rental and real estate markets. We as Montanans have a deep appreciation for our private property, and we like to manage our property on our own terms.
The Senate has already passed SB 101 at this early stage of the legislative session. I am confident the House will also recognize the fundamental right to private property and will send this bill to the Governor to sign and enact into law. No one should be able to take advantage of another individual’s property, and I am on the job to make sure that it does not continue any longer.
Senator Becky Beard, R-Elliston, represents Senate District 38 in the Montana Legislature, which includes Seeley Lake, Drummond, Philipsburg, Deer Lodge, Elliston, Boulder, Whitehall, and more.
