Bill
LB 443
Creates unlawful squatting as a Class I misdemeanor with warning citation, three-day appearance, and possible arrest for occupying another’s property without consent.
LB 443 — Summary of the Bill
Overview
- Purpose: Create the criminal offense of unlawful squatting and establish the penalties and enforcement process. The bill is framed as part of updating and harmonizing provisions within the Nebraska Criminal Code.
- Status and timeline: Introduced January 21, 2025 by Senator R. Brad von Gillern; referred to the Judiciary Committee on January 23, 2025; Notice of hearing scheduled for March 5, 2025 (Chair: Senator Carolyn Bosn).
Key Provisions
- New offense: Unlawful squatting is established as a Class I misdemeanor.
- Elements of the offense (Sec. 2):
- The offender enters land or premises owned or inhabited by another and resides there for any period with the intent to claim ownership or otherwise appropriate the property.
- The entry is knowingly done without the knowledge or consent of the owner, rightful occupant, or an authorized representative.
- Enforcement trigger (Sec. 2(2)-(4)):
- Law enforcement may determine probable cause and issue a warning citation to the individual.
- Probable cause indicators include:
- Presence of persons or personal property on the land showing signs of abandonment or inoccupancy.
- Construction of a shanty, tent, or other nonpermanent structures on the land.
- The warning citation advises that the person must appear in person within three business days before a designee of the law enforcement agency.
- Documentation requirement: The person may present documentation (e.g., deed/title, rental agreement or other authorization) or electronic copies to demonstrate residency or authorization. Original documents are not required.
- If the person fails to appear or the documentation is not authentic or does not authorize residency, the person may be arrested for unlawful squatting and, upon conviction, is guilty of a Class I misdemeanor.
- Penalty: Unlawful squatting carries a Class I misdemeanor upon conviction.
Definitions and Structural Changes
- The bill amends Section 28-101 and repeals the original 28-101 as part of reorganizing and harmonizing the Nebraska Criminal Code.
- It is designed to work with other sections within the Nebraska Criminal Code (28-101 through 28-1357, 28-1601 to 28-1603, 28-1701, and related sections).
Who Is Affected
- Individuals who enter and reside on someone else’s land or premises with the intent to claim ownership or appropriate the property, without consent.
- Property owners and authorized representatives (as documented evidence may be presented).
- Law enforcement officers responsible for enforcing squatting provisions and issuing warning citations.
Procedural and Timeline Aspects
- Introduced: January 21, 2025.
- Referred to Judiciary: January 23, 2025.
- Hearing notice: March 5, 2025.
- Legislative framing: The bill specifies enforcement procedures (probable cause indicators, warning citations, and required appearance with documentation within three business days) to determine unlawful squatting and potential arrest.
Notes
- The bill emphasizes documentation (deed/title, rental agreement, or other authorization) and allows electronic copies, with originals not required.
- It creates a statutory framework for removing and arresting individuals suspected of squatting, transitioning from occupancy to a criminal offense with a defined penalty.
Compiled from official sources — confirm details with the bill’s official record.
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