GA Anti-Squaters Act Makes a Good Example of Model Legislation the Alamogordo City Commissioners and NM State Legislators Should Consider

The Georgia Senate Public Safety Committee Monday passed the “anti-squatters act” that establishes a process for requiring law enforcement officers to remove people accused of illegally staying at a residential property. The city of Alamogordo, Otero County and ultimately the state of New Mexico should consider similar legislation.

Squatting has been a significant problem in the city of Alamogordo leading to property damages, fires and drug trafficking activities. As an example as we previously reported and per release from the Alamogordo Fire Department Investigations Unit, in January it was requested to conduct a fire origin and cause investigation. The involved building was active in the dilapidated structure program and was boarded up prior to the fire.

The investigation determined that an unknown subject or subjects (assumed to be homeless or transient) forced entry into the rear of the residence.  It was apparent that they were squatting inside the structure. The area of origin was found in the rear bedroom of the structure, and it was determined to be caused by a portable propane camp stove being improperly used as a heating appliance.

Under the proposed Georgia House Bill 61, which could be modified to accommodate local regulatory standards requires that people who stay in residential properties, hotels or cars without the owner’s express permission are guilty of misdemeanor unlawful squatting. Any person violating the law would be subject to having law enforcement officers remove them from the property within 10 days of notification.

If passed, people convicted of unlawful squatting must also pay restitution based on fair market rent to the property owner.

The squatters bill will next go to the Senate Rules Committee, which determines which legislation will be heard in the chamber by April 4, the last day of this year’s legislative session.

The city of Alamogordo leadership and staff should review this Georgia state legislative action and modify it as a model for local legislation to protect private property owners rights.

To learn more visit:
https://drive.google.com/file/d/1ZqgQvr8vG5_ZVgUBZm-d0sCfpKRBVKsD/view?usp=drivesdk

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