Proctor Files Measure to Protect Property Rights
Frankfort, Kentucky (January 08, 2025) – Representative Marianne Proctor of Union filed HB 142 to increase protections for property owners against residential and commercial squatting. This measure classifies squatting as criminal mischief in the first degree, a Class D felony and provides law enforcement with tools to immediately address incidents of squatting.
“Squatting has become a serious issue for communities and property owners across the nation,” Proctor stated. “House Bill 142 is a proactive measure to address this problem and protect personal property rights. No one should occupy another person’s property without consent. Imagine returning home from vacation, a long hospital stay, or the home of a recently deceased loved one, only to find strangers living in your house. The process of removing these individuals can lead to a lengthy and drawn-out civil court battle. By granting law enforcement the authority to remove squatters, we will uphold the rights of property owners, better protect our communities, and ensure that property owners can access their property without the burden of prolonged legal procedures.”
Squatting is the act of occupying a property without the owner’s consent. HB 142 classifies squatting as a Class D Felony. There is no reliable national database to track incidents of squatting, but according to a 2024 report by the Pacific Legal Foundation, incidents of Civil Court cases involving squatting have had a stark increase since 2017. Eight states, including Florida and California, have criminalized squatting, and eleven have bills pending in their state legislature.
HB 142 includes provisions protecting property owners from damages by increasing penalties for offenders who commit $500 or less in property damages while engaging in squatting activity by classifying it as criminal mischief in the second degree, a Class A misdemeanor. Additionally, this measure protects victims of fraud in cases in which individuals create fake leases for properties and cause the victim to become a squatter on a property they are not legally renting or owning, classifying this fraud as a Class D felony on the first offense and Class C on subsequent offenses.
“My main priorities in the General Assembly have been to protect the rights of my constituents, ensure their voices are heard, and make our community a safer place,” Proctor stated. “This bill aligns with those goals. HB 142 is designed to address the needs of our constituents and is the result of months of collaboration with community leaders, including law enforcement. By criminalizing squatting, as other states have done, we will protect our property rights, ensure that our state laws remain up to date as our challenges evolve, and allow law enforcement to immediately remove squatters from someone’s private property. “
The 2025 Regular Session began Tuesday, January 7 and continues through Friday, March 28. For more information on HB 142, other legislative measures, or the 2025 Regular Session, please visit legislature.ky.gov.