SB 359 — REMOVAL OF UNLAWFUL OCCUPANTS

Bill Text

• Introduced introduced version Current pdf

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The bill establishes a process for the removal of unlawful occupants from real property and introduces related forms and procedures, as well as amendments to the classification of certain property crimes.

• Chapter 31 NMSA 1978

  [NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--FORM.-- A. As used in this section, "unlawfully occupying" means a crime constituting trespassing pursuant to Chapter 30, Article 14 NMSA 1978. B. A property owner or the property owner's authorized agent may request from the sheriff of a county in which the real property is located the immediate removal of a person or persons unlawfully occupying real property owned by that property owner; provided that: (1) the requester is the property owner or authorized agent of the property owner; (2) the real property that is being occupied includes a residential dwelling; (3) the purported unlawful occupant or occupants entered without permission from the property owner or the authorized agent of the property owner and continuously reside on the real property in question; (4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered; (5) the property owner or authorized agent of the property owner has directed the unlawful occupant or occupants to leave the real property; (6) the unlawful occupant or occupants are not current or former residents of the real property at issue pursuant to a written or oral rental agreement pursuant to the Uniform Owner-Resident Relations Act; (7) the unlawful occupant or occupants are not immediate family members of the property owner; and (8) there is no pending litigation related to the real property between the property owner and any known unlawful occupant or occupants.

  This section allows property owners to initiate removal of unlawful occupants under specified conditions.

• Chapter 31 NMSA 1978

  [NEW MATERIAL] REMOVAL OF UNLAWFUL OCCUPANTS--LAW ENFORCEMENT PROCEDURES--NOTICE.-- A. Upon the receipt of a form provided pursuant to Section 1 of this 2025 act, the sheriff of the county in which the real property at issue is located shall verify that the person submitting the form is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief pursuant to this 2025 act. If verified, the sheriff shall serve a notice to immediately vacate on all unlawful occupants and shall put the person submitting the form in actual possession of the real property. B. Pursuant to Subsection A of this section, service may be accomplished by: (1) hand delivery of notice to the alleged unlawful occupant; or (2) posting the notice on the front door or entrance of the real property at issue. C. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or authorized agent of the property owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the law enforcement agency that employs the sheriff may charge a reasonable fee, and the person requesting the sheriff to stand by is responsible for paying the fee. The property owner or the property owner's authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction or damage to the personal property unless the removal was wrongful.

  This section outlines the procedure for law enforcement when a complaint for removal of unlawful occupants is received.

• 30-15-1 NMSA 1978

  [he] the → the

  This change clarifies the language in the statute by replacing 'he' with 'the' to make it gender-neutral.

• 30-16-6 NMSA 1978

  [second] → first

  This amendment changes the classification of fraud involving property valued over $20,000 from a second degree felony to a first degree felony.

• Chapter 42, Article 4 NMSA 1978

  [NEW MATERIAL] CAUSE OF ACTION--EJECTMENT--ACTION FOR UNLAWFUL REMOVAL FROM REAL PROPERTY.--A person removed pursuant to Section 1 of this 2025 act may bring a civil cause of action for ejectment to seek to restore possession of the real property at issue. A person entitled to possession of the real property pursuant to this section may recover actual costs and damages incurred and statutory damages. The court shall advance the cause on the calendar.

  This provision allows individuals wrongfully removed from property to pursue legal action for restoration of possession and damages.

Action History

1. June 03, 2025

   action postponed indefinitely

2. February 12, 2025

   Sent to Senate Judiciary Committee & Senate Finance Committee

Sponsors

• Craig W. Brandt · Primary

Subjects