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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 11, 2025 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 71 Short Title:
71 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS35037-NO-21C Short Title:
A BILL TO BE ENTITLED AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW ENFORCEMENT AGENCY.
Rules and Operations of the Senate February 12, 2025 A BILL TO BE ENTITLED AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW ENFORCEMENT AGENCY.
Chapter 42 of the General Statutes is amended by adding a new Article to read:
Chapter 42 of the General Statutes is amended byadding a new Article to read:
A property owner or an authorized representative of the property owner may request from a law enforcement agency with jurisdiction over where the residential property is located the removal of an unauthorized person unlawfully occupying the residential property pursuant to this Article if all of the following conditions are met:
A property owner or an authorized representative of the property owner may request from a law enforcement agency with jurisdiction over where the residential property is located the removal of an unauthorized person unlawfullyoccupying the residential property pursuant to this Article if all of the following conditions are met:
*DRS35037-NO-21C* General Assembly Of North Carolina Session 2025 (3) An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner.
*S71-v-1* General Assembly Of North Carolina Session 2025 (3) An unauthorized person has entered the property after the property owner acquired the property and is remaining or residing unlawfully on the residential property of the property owner.
(4) The property was not offered or intended as an accommodation for the general public at the time the unauthorized person entered.
(4) The propertywas not offered or intended as an accommodation for the general public at the time the unauthorized person entered.
(5) The property owner or the authorized representative of the property owner has directed the unauthorized person to leave the residential property.
(5) The propertyowner or the authorized representative of the propertyowner has directed the unauthorized person to leave the residential property.
The form shall further notify the affiant that any person removed from the residential property as a result of the affidavit may have a cause of action against the affiant for any false information or statements provided on the affidavit or wrongfully using the procedures provided in this Article.
The form shall further notify the affiant that anyperson removed from the residential propertyas a result of the affidavit mayhave a cause of action against the affiant for any false information or statements provided on the affidavit or wrongfully using the procedures provided in this Article.
Within 24 hours after receipt of the affidavit, the law enforcement agency shall remove theunauthorizedperson fromtheresidential property.Ifappropriate,thelaw enforcement agency may arrest any person found in the property for trespass, outstanding warrants, or any other legal Page 2 DRS35037-NO-21C General Assembly Of North Carolina Session 2025 cause.
Within 24 hours after receipt of the affidavit, the law enforcement agency shall remove theunauthorized person from theresidential property.
Ifappropriate,the law enforcement agency may arrest any person found in the property for trespass, outstanding warrants, or any other legal Page 2 Senate Bill 71-First Edition General Assembly Of North Carolina Session 2025 cause.
All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them, and all leases and contracts for leasing land for the purpose of digging for gold orotherminerals, orfor mining generally,ofwhateverduration;
All contracts to sell or convey any lands, tenements or hereditaments, or any interest in or concerning them, and all leases and contracts for leasing land for the purpose of digging for gold orotherminerals, orfor mininggenerally, ofwhateverduration;
and all otherleases and contracts for leasing lands exceeding in duration three years from the making thereof, shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized." SECTION 4.
andall otherleases and contracts for leasing lands exceeding in duration three years from the making thereof, shall be void unless said contract, or some memorandum or note thereof, be put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized." SECTION 4.
DRS35037-NO-21C Page 3
Senate Bill 71-First Edition Page 3
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