A bill for an act relating to real property, including the removal of unauthorized persons and trespass, and providing penalties.
HF 322, titled the Stop Squatters Act, creates a new process for Iowa real property owners to seek the immediate removal of unauthorized occupants from privately owned property. If the owner or authorized agent files a complaint with local law enforcement and meets several conditions — including that the occupant is not a tenant, former tenant, immediate family member, or party to pending litigation — police or the county sheriff must investigate and, if the complaint is substantiated, order the person to vacate immediately and return possession to the owner.
The bill also authorizes law enforcement to charge an hourly service fee, which is assessed against the unauthorized occupant, and allows the owner to request a peacekeeping standby while changing locks and removing the occupant’s personal property. In addition, the bill amends Iowa’s trespass law to make intentionally occupying a building without legal authority, after notice to vacate, a defined form of trespass, with penalties tied to property damage: a simple misdemeanor for $1,000 or less in damage and a serious misdemeanor for more than $1,000.
HF 322 would add a new statutory remedy in Iowa Code chapter 648 for owners dealing with unauthorized occupants, creating a law-enforcement-based alternative to ordinary eviction or civil removal processes in limited circumstances. It also narrows the scope of the remedy by excluding tenants, former tenants, family members, and disputes already in litigation, while imposing duties on police and sheriffs to investigate complaints and act when the statutory criteria are met. The bill further amends Iowa’s criminal trespass provisions in chapter 716 to specifically cover post-notice occupation of a building without legal authority and establishes misdemeanor penalties tied to resulting property damage.
The available legislative context suggests generally favorable treatment of the bill at the early stage of the process, as reflected by the subcommittee recommendation for passage. No committee transcript or recorded vote is provided, so there is no direct record here of detailed debate or opposition. Based on the bill’s structure and title, the measure appears to be framed as a property-rights and anti-squatting proposal, which typically draws support from owners and law-enforcement advocates concerned about rapid removal of unauthorized occupants.
The main points of contention likely involve due process, the risk of mistaken removal, and the role of law enforcement in what can resemble a civil possession dispute. The bill tries to address those concerns by requiring notice, excluding tenants and family members, and barring cases with pending litigation, but critics could still object to police making possession determinations and to shifting service costs to the occupant. Another likely issue is the false-complaint provision, which requires a property owner who knowingly files a false complaint to indemnify law enforcement for damages arising from good-faith actions taken on the complaint.