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HB 314

An Act amending Title 16 (Counties) of the Pennsylvania Consolidated Statutes, in county commissioners and chief clerks, further providing for meetings and for quorum and execution of official instruments.

2025-2026 Regular Session Introduced by Johanny Cepeda-Freytiz and 9 co-sponsors

Expedited removal of unauthorized occupants from residential property via sworn affidavit; police must remove within 24 hours if eligibility criteria are met.

Referred to Local Government
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WeVote Research Nonpartisan
Bill Summary · HB 314

Summary — HB 314: Removal of Squatters from Private Property (First Edition / North Carolina)

Purpose

HB 314 creates an alternative, expedited remedy allowing a property owner (or an authorized representative) to obtain rapid law‑enforcement removal of unauthorized occupants from residential property when specified conditions are met. The intent is to provide a fast, clear process distinct from ordinary eviction or civil actions.

Key provisions

  • New Article added to Chapter 42 of the General Statutes: “Expedited Removal of Unauthorized Persons from Residential Property.”
  • Definitions clarify terms including “unauthorized person,” “residential property,” “authorized representative,” and others (§ 42‑79).
  • Eligibility: A property owner (or authorized representative) may request removal only if all of the following are true (§ 42‑80):
    • The property is residential (or appurtenant to residential property).
    • The unauthorized person entered after the owner acquired title and is occupying without legal claim.
    • The property was not offered as a public accommodation when entry occurred.
    • The owner has directed the person to leave.
    • The person is not a tenant, owner/co‑owner, or party to a rent/sale contract (no contract for deed, rent‑to‑own, etc.).
    • No rent has been demanded/paid by the occupant to the owner or owner’s rep.
    • No litigation between owner and occupant is pending concerning the property.
  • Affidavit requirement (§ 42‑81):
    • Owner/authorized rep must appear before the clerk of superior court (or, if closed, a magistrate) and swear a specified affidavit on a form the Administrative Office of the Courts (AOC) will create (in consultation with Sheriffs’ Assn. and Chiefs of Police).
    • Fee: $25 payable to the clerk or magistrate for completing the affidavit.
    • The affidavit must allege the eligibility facts listed above.
    • Form must warn that false statements constitute perjury (G.S. 14‑209 — Class F felony) and state that a removed person may have a cause of action for false statements or wrongful use of the procedure.
  • Law‑enforcement action (§ 42‑82):
    • After receiving the original sworn affidavit, the law‑enforcement agency with jurisdiction must remove the unauthorized person within 24 hours.
    • Law enforcement may arrest persons found on the property for trespass, outstanding warrants, or other legal causes.
    • Owners may request a “stand by” to keep the peace while regaining possession.

Who is affected

  • Property owners and their authorized representatives (real‑estate brokers, etc.).
  • Law enforcement (county sheriff, county police, municipal police)—responsible for executing removals within 24 hours.
  • Individuals occupying residential property without legal right (“unauthorized persons”).
  • Clerks of superior court and magistrates (affidavit processing).
  • Courts potentially (if removed persons pursue civil actions for misuse/false affidavit).

Process and timeline highlights

  • Owner appears before clerk or magistrate, signs sworn affidavit (fee $25).
  • Owner provides original affidavit to local law enforcement.
  • Law enforcement must remove the occupant within 24 hours of receipt of the affidavit.
  • AOC must develop the standardized affidavit form (with perjury notice and civil‑action warning).

Safeguards, limits and potential impacts

  • Strict eligibility criteria limit the remedy to clear cases (not available where rent was paid, contracts exist, tenant status, or pending litigation).
  • Criminal perjury penalty and notice of civil liability are explicit deterrents against misuse.
  • Potential benefits: faster restoration of possession, reduced reliance on time‑consuming eviction process, clearer law‑enforcement role.
  • Potential risks: risk of erroneous or abusive use if affidavit is falsely sworn; burden on law enforcement to act quickly; possible increase in civil litigation by removed occupants alleging wrongful removal.

Notes

  • This summary reflects the bill text as introduced (First Edition) and actions noted in the legislative filing. It is a neutral description of the bill’s content and foreseeable effects, not legal advice.

Compiled from official sources — confirm details with the bill’s official record.

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