Summary:

 Senate Bill 359 (SB 359) provides a process for removing unlawful occupants of real property from that property; provides a form to request the removal of an unlawful occupant from real property; provides procedures for law enforcement to remove unlawful occupants from real property; prescribes procedures for notice; creates a cause of action for persons who were wrongfully removed from real property; and amends the classification of the crimes of criminal damage to property and fraud. 

Legislation Overview:

 Senate Bill 359 (SB 359) enacts a new section of Chapter 31 NMSA 1978 to read:

A. As used in this section, "unlawfully occupying" means a crime constituting trespassing according to Chapter 30, Article 14 NMSA 1978. 
B. A property owner or the property owner's authorized agent may request from the sheriff the immediate removal of a person or persons unlawfully occupying real property owned by that property owner, given certain provisions; 
C. To request the immediate removal of an unlawful occupant of real property, the property owner or agent is to present a completed and verified complaint to remove unlawful occupants of real property to the sheriff of the county in which the real property is located. The proper form for the complaint is provided.

A new section of Chapter 31 NMSA 1978 is enacted to read: A. Upon the receipt of a complaint form, the sheriff must verify that the person submitting the form is the owner of the real property or their agent, and appears entitled to relief. If these conditions are met, the sheriff must serve a notice to immediately vacate on all unlawful occupants and also put the person submitting the form in actual possession of the real property. The sheriff must also attempt to verify the identities of all persons unlawfully occupying the real property and note those identities.

If appropriate, the sheriff may arrest any person found on the real property for trespass, outstanding warrants or any other legal cause. 

Requirements for service of notice are detailed.

After the sheriff serves the notice to immediately vacate, the property owner or their agent may request that the sheriff stand by to keep the peace while the owner or agent changes the locks and removes the personal property of the unlawful occupants from the premises. When such a request is made, the law enforcement agency that employs the sheriff may charge a reasonable fee, and the person requesting the sheriff to stand by is responsible for paying the fee. The property owner or their agent are not liable to an unlawful occupant or any other party for the loss, destruction or damage to the personal property unless the removal was wrongful. 

D. Nothing in this section shall limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft or other crimes.



 

Current Law:

 Squatting in New Mexico is generally illegal, though squatters can gain legal ownership of a property through possession after ten continuous years of occupation.
New Mexico defines criminal trespass as entering or remaining on someone else’s property without permission. Penalties for criminal trespass include paying for property damage, up to a one-year jail sentence, up to three years revocation of hunting or fishing licenses, and civil damages equal to double the value of property damage.
Currently, a property owner’s only recourse is to post signs, give verbal or written warnings, or call a sheriff for assistance. There is no law with the proposed specificity regarding owners’ rights and procedures with regard to squatters or unlawful occupants.