HB250 creates a new Kentucky procedure for property owners to quickly remove unauthorized occupants from residential real property, including a dwelling or other structure on the property. The bill allows an owner or authorized agent to request immediate law enforcement removal if the property contains a residential dwelling, the occupants entered unlawfully, the property was not open to the public, the occupants are not tenants, family members, or parties to pending litigation, and the owner has already directed them to leave. The request must be made through a notarized petition, and the bill sets out a detailed sworn form requiring the owner to affirm ownership, lack of tenancy, lack of family relationship, and absence of pending litigation, with penalties for false statements.
Impact
The bill would add a new section to KRS Chapter 383 governing removal of unlawful occupants and a new offense in KRS Chapter 523 for making a false statement to detain real property. It directs law enforcement officers to verify ownership, serve a notice to vacate without unnecessary delay, and put the owner back in possession, while also allowing officers to arrest occupants for trespass or other legal cause and granting immunity to officers acting in good faith. It authorizes a $20 service fee for sheriffs or constables, permits owners to change locks and remove occupants’ personal property after service, creates civil remedies for wrongful removal including triple rent damages and attorneys’ fees, and makes use of fraudulent lease or deed documents a Class A misdemeanor.
Sentiment
The available record shows no committee transcript, vote history, or recorded floor debate, so there is no documented public sentiment in the provided materials. Based on the bill text alone, the measure appears designed to address concerns about squatting and title fraud and to give property owners a faster remedy than ordinary eviction proceedings. The inclusion of penalties for wrongful removal and immunity for good-faith actors suggests an attempt to balance property-owner relief with safeguards against abuse.
Contention
The main points of potential contention are the bill’s expedited removal process and the degree of authority it gives law enforcement and property owners without a court order. Supporters would likely emphasize protection against squatters, fraudulent leases, and title fraud, while critics may worry about mistaken removals, due-process concerns, and the risk that lawful occupants could be displaced before a court can review the dispute. The bill tries to address those concerns by excluding current tenants, immediate family members, and properties with pending litigation, and by creating civil liability for wrongful removal, but those safeguards may still be viewed as insufficient by opponents.