AN ACT relating to the removal of persons unlawfully occupying real property.
HB 50 creates a new procedure for the immediate removal of persons unlawfully occupying real property, often described as a “squatter removal” process. It amends KRS 383.290 to allow a property owner or authorized agent to ask law enforcement to remove an unauthorized occupant without first going through a traditional eviction process, so long as the person was never a tenant, never had permission to occupy the property, the property was not open to the public when entered, the owner has directed the person to leave, the person is not an immediate family member, and there is no pending litigation over the property.
The bill requires the owner or agent to submit a sworn petition to law enforcement, with identification and supporting documents, and directs officers to verify identity, serve a notice to vacate, and put the owner back in possession without unnecessary delay. It also authorizes officers to post notice, attempt to identify occupants, and make arrests for trespass or other legal cause. The bill creates a $20 service fee for sheriffs or constables, provides immunity for officers and good-faith property owners in certain circumstances, and establishes a civil cause of action for wrongful removal in district court within 60 days. The Department of Kentucky State Police must create and post a standard petition form, though use of that exact form is not required for validity.
HB 50 would significantly alter Kentucky law by creating an expedited statutory remedy for removing unlawful occupants from real property and by distinguishing those occupants from tenants or others with a lawful possessory interest. It adds a new law-enforcement-assisted process to KRS 383.290, sets out required petition contents and officer duties, authorizes immediate possession to be restored to the owner, and establishes related liability protections, fees, and a wrongful-removal remedy. The bill affects property owners, law enforcement agencies, sheriffs, constables, and people alleged to be occupying property without permission.
The available voting history suggests strong support for the measure, with the House passing a veto override 92-0. No committee transcripts are provided, so there is no recorded floor or committee debate in the supplied materials. Based on the bill’s structure and the unanimous vote, the general sentiment appears to favor giving property owners a faster remedy against unlawful occupancy while still preserving a post-removal civil remedy for wrongful actions.
The main policy tension in HB 50 is between protecting property rights and preventing wrongful removals. Supporters are likely focused on the need for a rapid, law-enforcement-backed process to address unauthorized occupants, while potential critics would be concerned about due process, mistaken identity, and the risk of using the procedure against people who may have a legitimate claim to possession. The bill addresses some of those concerns by excluding tenants and people with prior permission, requiring a sworn petition, and allowing a wrongful-removal lawsuit, but the expedited nature of the process and the authority given to law enforcement remain the most notable points of contention.