CRIME OF UNLAWFUL SQUATTING

HB0144

HOUSE BILL 144

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Catherine J. Cullen
and
Rod Montoya
and
John Block

AN ACT

RELATING TO CRIMINAL OFFENSES; CREATING THE CRIME OF UNLAWFUL
SQUATTING; PROVIDING FOR A PROPERTY OWNER TO RECEIVE DAMAGES
FOR INJURY TO PROPERTY THAT RESULTS FROM UNLAWFUL SQUATTING;
PROVIDING A PROCESS FOR REMOVING AN ALLEGED UNLAWFUL SQUATTER;
ALLOWING AN ALLEGED UNLAWFUL SQUATTER THE OPPORTUNITY TO
CONTEST A CITATION FOR UNLAWFUL SQUATTING; REQUIRING A TRIAL TO
DETERMINE PROPERTY RIGHTS WHERE A PURPORTED PROPERTY OWNER AND
AN ALLEGED SQUATTER CLAIM A RIGHT TO THE SAME REAL PROPERTY;
PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 30, Article 14 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] UNLAWFUL SQUATTING.--

A. Unlawful squatting consists of a person entering
upon the real property of another and residing on the real
property for any period of time without the knowledge or
consent of the property owner, rightful occupant or authorized
representative of the property owner.

B. Whoever commits unlawful squatting is guilty of
a fourth degree felony."

SECTION 2.
Section 30-14-1.1 NMSA 1978 (being Laws 1979,
Chapter 186, Section 2, as amended) is amended to read:

"30-14-1.1. TYPES OF TRESPASS--INJURY TO REALTY--CIVIL
DAMAGES
FOR TRESPASS AND UNLAWFUL SQUATTING
.--

A. Any person who enters and remains on the lands
of another after having been requested to leave is guilty of a
misdemeanor.

B. Any person who enters upon the lands of another
when such lands are posted against trespass at every roadway or
apparent way of access is guilty of a misdemeanor.

C. Any person who drives a vehicle upon the lands
of another except through a roadway or other apparent way of
access, when such lands are fenced in any manner, is guilty of
a misdemeanor.

D. In the event any person enters upon the lands of
another without prior permission and injures, damages or
destroys any part of the realty or its improvements, including
buildings, structures, trees, shrubs or other natural features,
[
he
]
that person
shall be liable to the owner, lessee or person
in lawful possession for damages in an amount equal to double
the amount of the appraised value of the damage of the property
injured or destroyed.

E. A person who commits unlawful squatting and
injures, damages or destroys any part of the real property or
its improvements, including buildings, structures, trees,
shrubs or other natural features, shall be liable to the
property owner, rightful occupant or authorized representative
of the property owner for damages in an amount equal to double
the amount of the appraised value of the damage of the property
injured or destroyed.
"

SECTION 3.
A new section of Chapter 31 NMSA 1978 is
enacted to read:

"[
NEW MATERIAL
] UNLAWFUL SQUATTER--CITATION--CONTESTING A
CITATION.--

A. A person who is accused of committing the
offense of unlawful squatting as provided for in Section 1 of
this 2026 act shall be issued a citation advising that the
person may present documentation that authorizes the person's
entry on the land or premises to the head of the issuing law
enforcement agency or the head's designee within three business
days of receiving the citation. If the person is unable to
provide the required documentation, that person shall be
subject to arrest for unlawful squatting pursuant to Section 1
of this 2026 act.

B. Documentation provided pursuant to Subsection A
of this section may include a validly executed lease or rental
agreement, proof of rental payments or a deed of real property
in the name of the cited person.

C. Nothing in this section shall be construed to
prohibit a property owner, a rightful occupant or an authorized
representative of the owner from shutting off utilities
servicing the owner's or occupant's property."

SECTION 4.
A new section of Chapter 42 NMSA 1978 is
enacted to read:

"[
NEW MATERIAL
] REMOVAL OF AN UNLAWFUL SQUATTER FROM
POSSESSION OF REAL PROPERTY--AFFIDAVIT--OPPORTUNITY TO PRESENT
A COUNTER AFFIDAVIT--TRIAL--DAMAGES.--

A. If a person, the person's agent or the person's
attorney presents an affidavit in writing before an officer
authorized to administer an oath that sets forth that the
person claims in good faith the right of possession to real
property and that the real property is in the hands of another
person who is allegedly unlawfully squatting in violation of
Section 1 of this 2026 act, a law enforcement officer in the
county where the real property is located, upon receipt of the
affidavit, shall present the affidavit to the person alleged to
be unlawfully squatting on the real property at least three
days prior to turning that person out of possession, unless the
person alleged to be unlawfully squatting tenders to the law
enforcement officer a counter affidavit stating that that
person claims, in good faith, a legal right to possession of
the real property. The law enforcement officer shall turn the
alleged unlawful squatter out of possession once three days
have elapsed from the day the affidavit was exhibited.

B. If the person alleged to be unlawfully squatting
on the real property at issue submits a counter affidavit
pursuant to Subsection A of this section, the law enforcement
officer shall not turn that person out of possession of the
real property but shall leave both parties in their respective
positions. In that event, the law enforcement officer shall
return both affidavits to the office of the clerk of the
district court in which the real property at issue is located
for a nonjury trial pursuant to the laws of this state.

C. If the person alleged to be unlawfully squatting
submits a counter affidavit or other documentation at trial,
upon the determination of the district court that the affidavit
is not meritorious based on a preponderance of the evidence, a
law enforcement officer shall turn the person alleged to be
unlawfully squatting out of possession as soon as practicable
pursuant to a writ of possession.

D. The court may award the plaintiff the fair
market value of rent for the duration of the unlawful
squatter's occupancy and other monetary relief found
appropriate by the court. A party shall have the right to
appeal the decision of the court, and the decision shall be
directly appealable but shall not be subject to de novo review
by the New Mexico supreme court.

E. If the court finds a verdict for the plaintiff,
the clerk of the court shall issue a writ of possession
pursuant to Section 42-4-12 NMSA 1978 and shall award the costs
of the proceeding and any other monetary relief awarded by the
court. The plaintiff and the court shall be authorized to
present the final order to law enforcement for investigation or
prosecution."

- 6 -