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SB 71

WV Monument and Memorial Protection Act of 2025

2025 Regular Session Introduced by Mark Maynard

SB 71 lets property owners remove unauthorized occupants quickly via sworn affidavit, with police removing the person within 24 hours, and penalties for false claims.

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Bill Summary · SB 71

SB 71 — Expedited Removal of Unauthorized Persons (summary)

Status: Passed 1st Reading (introduced Aug 6, 2025)
Subjects: courts; crimes; emergency services; housing; landlord & tenant; law enforcement; judicial department; property; trespassing; civil actions

Main purpose

SB 71 creates an alternative, expedited procedure for property owners (or their authorized representatives) to have persons who are unlawfully occupying residential property removed quickly by local law enforcement. The bill is intended to provide a faster remedy than conventional civil eviction where certain statutory conditions are met.

Key provisions (what the bill does)

  • Adds a new Article to Chapter 42 (Residential landlord/tenant statutes) that permits removal of an “unauthorized person” from residential property when strict eligibility conditions are met.
  • Definition of “unauthorized person”: someone occupying residential property who has no legal claim, no valid rental agreement/contract for deed, has not paid rent or other consideration, and is not a holdover tenant under G.S. 42-26.
  • Eligibility conditions the owner must certify (examples):
    • The requester is the property owner or a person with written authority to act for the owner.
    • The property is residential (or appurtenant) and was not offered to the general public when the person entered.
    • The unauthorized person entered after the owner acquired the property.
    • There is no pending litigation between the owner and the occupant concerning the property.
    • No rent was ever demanded or paid by the occupant, and no valid rental agreement exists.
  • Affidavit procedure:
    • Owner or authorized representative must appear before the county clerk of superior court (or, if closed, a magistrate), complete a sworn affidavit alleging the statutory conditions are met.
    • Fee: $25 to the clerk or magistrate for completion of the affidavit.
    • The Administrative Office of the Courts will prepare the affidavit form (in consultation with Sheriffs’ Association and Chiefs of Police) and must include warnings that false statements are perjury (Class F felony) and potential civil exposure for wrongful removal.
  • Law enforcement action:
    • After receipt of the original affidavit, the law enforcement agency with jurisdiction must remove the unauthorized person within 24 hours.
    • Law enforcement may arrest for trespass, outstanding warrants, or other causes if appropriate.
    • Owner may request police to “stand by” while locks are changed and personal property of the removed person is placed at or near the property line.
  • Immunity and liability:
    • Law enforcement officers, clerks, and magistrates are immune from liability for actions taken under the Article if done in good faith and not grossly negligent, wanton, or intentional.
    • Property owners are not liable for loss/damage to personal property resulting from a removal unless the removal was wrongful.
  • Remedies for wrongful removal:
    • Persons wrongfully removed may sue the affiant (owner/representative) for civil damages.
    • False statements on the affidavit expose the affiant to perjury prosecution (Class F felony).

Who is affected

  • Property owners and owners’ authorized representatives (can obtain a faster remedy).
  • Law enforcement agencies and officers (tasked to act within a 24‑hour window and subject to the affidavit’s accuracy).
  • Occupants: people claiming some right to occupy (tenants, squatters, family members, people in informal arrangements) — the statute excludes holdover tenants under specified law but places risk on occupants who lack formal documentation.
  • Clerks and magistrates (duty to administer and sign affidavits; collect $25 fee).
  • Courts and civil justice system (potential changes in workload: fewer eviction actions but potential civil suits for wrongful removals and perjury prosecutions).

Procedural and timeline notes

  • Affidavit form will be developed by the Administrative Office of the Courts in consultation with law‑enforcement bodies.
  • Law enforcement must act within 24 hours after receipt of the original affidavit.
  • False affidavits carry criminal (perjury) and civil exposure; the statute builds in explicit warnings on the affidavit form.

Potential impacts and issues to watch

  • Pros: provides a rapid tool for owners to clear unauthorized occupants from residences, may reduce backlog and costs associated with civil eviction.
  • Concerns and risks:
    • Due‑process and displacement risk for occupants who may have legitimate but imperfect claims (informal tenancy, oral agreements, or disputes).
    • Potential for misuse by owners or bad‑faith actors; the statute relies on affidavit accuracy and criminal/civil penalties as deterrents.
    • Operational implications for law enforcement (resources to respond within 24 hours; training and policies for safe property turnover and handling of removed persons’ belongings).
    • Court/clerk workload (processing affidavits) and modest revenue from the $25 fee.
    • Likely litigation over wrongful removals and the statute’s scope (e.g., definition of “unauthorized,” interplay with tenant protections and pending landlord–tenant case law).

Bottom line

SB 71 creates a statutory, expedited pathway for owners to have unauthorized persons removed from residential property by law enforcement via a sworn‑affidavit mechanism. It balances expedited property recovery with criminal and civil penalties for false claims, but it raises due‑process, enforcement‑capacity, and misuse concerns that stakeholders (courts, law enforcement, housing advocates) will likely monitor closely.

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

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