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HB 314

Eminent domain study.

2025 Regular Session Introduced by John Winter

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

H Did not Consider for Introduction
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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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