HB 144

                                1  HOUSE BILL 144
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Catherine J. Cullen and Rod Montoya and John Block
                                5
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                                10  AN ACT
                                11   RELATING TO CRIMINAL OFFENSES; CREATING THE CRIME OF UNLAWFUL
                                12   SQUATTING; PROVIDING FOR A PROPERTY OWNER TO RECEIVE DAMAGES
                                13   FOR INJURY TO PROPERTY THAT RESULTS FROM UNLAWFUL SQUATTING;
                                14   PROVIDING A PROCESS FOR REMOVING AN ALLEGED UNLAWFUL SQUATTER;
                                15   ALLOWING AN ALLEGED UNLAWFUL SQUATTER THE OPPORTUNITY TO
                                16   CONTEST A CITATION FOR UNLAWFUL SQUATTING; REQUIRING A TRIAL TO
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                                17   DETERMINE PROPERTY RIGHTS WHERE A PURPORTED PROPERTY OWNER AND
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                                18   AN ALLEGED SQUATTER CLAIM A RIGHT TO THE SAME REAL PROPERTY;
                                19   PROVIDING PENALTIES.
                                20
                                21   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                22        SECTION 1.    A new section of Chapter 30, Article 14 NMSA
                                23   1978 is enacted to read:
                                24        "[NEW MATERIAL] UNLAWFUL SQUATTING.--
                                25  A.   Unlawful squatting consists of a person entering
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                                1    upon the real property of another and residing on the real
                                2    property for any period of time without the knowledge or
                                3    consent of the property owner, rightful occupant or authorized
                                4    representative of the property owner.
                                5  B.   Whoever commits unlawful squatting is guilty of
                                6    a fourth degree felony."
                                7  SECTION 2.    Section 30-14-1.1 NMSA 1978 (being Laws 1979,
                                8    Chapter 186, Section 2, as amended) is amended to read:
                                9  "30-14-1.1.    TYPES OF TRESPASS--INJURY TO REALTY--CIVIL
                                10   DAMAGES FOR TRESPASS AND UNLAWFUL SQUATTING.--
                                11  A.   Any person who enters and remains on the lands
                                12   of another after having been requested to leave is guilty of a
                                13   misdemeanor.
                                14  B.   Any person who enters upon the lands of another
                                15   when such lands are posted against trespass at every roadway or
                                16   apparent way of access is guilty of a misdemeanor.
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                                17  C.   Any person who drives a vehicle upon the lands
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                                18   of another except through a roadway or other apparent way of
                                19   access, when such lands are fenced in any manner, is guilty of
                                20   a misdemeanor.
                                21  D.   In the event any person enters upon the lands of
                                22   another without prior permission and injures, damages or
                                23   destroys any part of the realty or its improvements, including
                                24   buildings, structures, trees, shrubs or other natural features,
                                25   [he] that person shall be liable to the owner, lessee or person
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                                1    in lawful possession for damages in an amount equal to double
                                2    the amount of the appraised value of the damage of the property
                                3    injured or destroyed.
                                4  E.   A person who commits unlawful squatting and
                                5    injures, damages or destroys any part of the real property or
                                6    its improvements, including buildings, structures, trees,
                                7    shrubs or other natural features, shall be liable to the
                                8    property owner, rightful occupant or authorized representative
                                9    of the property owner for damages in an amount equal to double
                                10   the amount of the appraised value of the damage of the property
                                11   injured or destroyed."
                                12        SECTION 3.     A new section of Chapter 31 NMSA 1978 is
                                13   enacted to read:
                                14        "[NEW MATERIAL] UNLAWFUL SQUATTER--CITATION--CONTESTING A
                                15   CITATION.--
                                16  A.   A person who is accused of committing the
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                                17   offense of unlawful squatting as provided for in Section 1 of
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                                18   this 2026 act shall be issued a citation advising that the
                                19   person may present documentation that authorizes the person's
                                20   entry on the land or premises to the head of the issuing law
                                21   enforcement agency or the head's designee within three business
                                22   days of receiving the citation.    If the person is unable to
                                23   provide the required documentation, that person shall be
                                24   subject to arrest for unlawful squatting pursuant to Section 1
                                25   of this 2026 act.
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                                1  B.   Documentation provided pursuant to Subsection A
                                2    of this section may include a validly executed lease or rental
                                3    agreement, proof of rental payments or a deed of real property
                                4    in the name of the cited person.
                                5  C.   Nothing in this section shall be construed to
                                6    prohibit a property owner, a rightful occupant or an authorized
                                7    representative of the owner from shutting off utilities
                                8    servicing the owner's or occupant's property."
                                9  SECTION 4.    A new section of Chapter 42 NMSA 1978 is
                                10   enacted to read:
                                11        "[NEW MATERIAL] REMOVAL OF AN UNLAWFUL SQUATTER FROM
                                12   POSSESSION OF REAL PROPERTY--AFFIDAVIT--OPPORTUNITY TO PRESENT
                                13   A COUNTER AFFIDAVIT--TRIAL--DAMAGES.--
                                14  A.   If a person, the person's agent or the person's
                                15   attorney presents an affidavit in writing before an officer
                                16   authorized to administer an oath that sets forth that the
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                                17   person claims in good faith the right of possession to real
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                                18   property and that the real property is in the hands of another
                                19   person who is allegedly unlawfully squatting in violation of
                                20   Section 1 of this 2026 act, a law enforcement officer in the
                                21   county where the real property is located, upon receipt of the
                                22   affidavit, shall present the affidavit to the person alleged to
                                23   be unlawfully squatting on the real property at least three
                                24   days prior to turning that person out of possession, unless the
                                25   person alleged to be unlawfully squatting tenders to the law
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                                1    enforcement officer a counter affidavit stating that that
                                2    person claims, in good faith, a legal right to possession of
                                3    the real property.     The law enforcement officer shall turn the
                                4    alleged unlawful squatter out of possession once three days
                                5    have elapsed from the day the affidavit was exhibited.
                                6  B.   If the person alleged to be unlawfully squatting
                                7    on the real property at issue submits a counter affidavit
                                8    pursuant to Subsection A of this section, the law enforcement
                                9    officer shall not turn that person out of possession of the
                                10   real property but shall leave both parties in their respective
                                11   positions.    In that event, the law enforcement officer shall
                                12   return both affidavits to the office of the clerk of the
                                13   district court in which the real property at issue is located
                                14   for a nonjury trial pursuant to the laws of this state.
                                15  C.   If the person alleged to be unlawfully squatting
                                16   submits a counter affidavit or other documentation at trial,
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                                17   upon the determination of the district court that the affidavit
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                                18   is not meritorious based on a preponderance of the evidence, a
                                19   law enforcement officer shall turn the person alleged to be
                                20   unlawfully squatting out of possession as soon as practicable
                                21   pursuant to a writ of possession.
                                22  D.   The court may award the plaintiff the fair
                                23   market value of rent for the duration of the unlawful
                                24   squatter's occupancy and other monetary relief found
                                25   appropriate by the court.     A party shall have the right to
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                                1    appeal the decision of the court, and the decision shall be
                                2    directly appealable but shall not be subject to de novo review
                                3    by the New Mexico supreme court.
                                4  E.   If the court finds a verdict for the plaintiff,
                                5    the clerk of the court shall issue a writ of possession
                                6    pursuant to Section 42-4-12 NMSA 1978 and shall award the costs
                                7    of the proceeding and any other monetary relief awarded by the
                                8    court.   The plaintiff and the court shall be authorized to
                                9    present the final order to law enforcement for investigation or
                                10   prosecution."
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