Bill provides avenue to immediately remove North Carolina squatters

(The Center Square) – Squatters and land leases are addressed in a North Carolina proposal amending the summer eviction statutes.

If passed, lawmen with a sworn affidavit would be required to remove unauthorized people from property within 24 hours. Leases of land, only needing to be in writing if longer than three years, would be required for all pacts regardless of length.

Expedited Removal of Unauthorized Persons, or House Bill 96, has a companion in Senate Bill 71. The House version is with the Committee on Judiciary 1 and if favorable will go to the chamber’s rules committee; the Senate legislation awaits in the rules committee.

Under the proposal, a residential property owner or other authorized agent could get a sworn affidavit from the clerk of Superior Court or a magistrate to start the process. Lawmen could be asked to keep peace in the interim time for such things as locks being changed, or the removal of the unauthorized person’s personal property.

The proposed law would hold public authorities harmless for losses or damage as long as not gross negligence, or willful misconduct.

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The lower chamber bill was introduced by Republican Reps. Steve Tyson of Craven County, Brian Biggs of Randolph County, Kyle Hall of Stokes County and Julia Howard of Davie County.

The upper chamber bill was brought by Republican Sens. Timothy Moffitt of Henderson County, Eddie Settle of Wilkes County and Michael Lazzara of Onslow County.

In the last legislative session, Removal of Squatters from Private Property passed the House 104-8 on June 26 and the next day was parked forever in the rules committee of the Senate.

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