SB101 strengthens property rights by establishing criminal penalties for unlawful squatting and fraudulent property listings. It makes it a misdemeanor to knowingly enter and live on someone else's property without permission, with offenders required to pay restitution equal to fair market rent. Law enforcement is authorized to remove squatters and is protected from liability when acting in good faith. The bill also criminalizes knowingly listing or advertising a property for sale or lease without legal ownership, with penalties including fines and potential jail time. It further clarifies the process for property owners to remove unauthorized occupants and defines valid forms of occupancy authorization.
The Montana State Senate passed SB101 on April 1, 2025 by a vote of 35 to 15. We have assigned pluses to the ayes because this bill reinforces the constitutionally protected right to property, which is secured by the Bill of Rights and protected against government abuse under the Fifth Amendment. By penalizing unlawful squatting, requiring restitution, and protecting owners from fraudulent property listings, this bill helps ensure that property owners can lawfully control, use, and defend what belongs to them. Property rights are essential to liberty, and government has a proper role in protecting citizens against trespass, fraud, and theft.
