Protection of property rights., the official text

First Regular Session of the 124th General Assembly (2025)

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  SENATE ENROLLED ACT No. 157

   AN ACT to amend the Indiana Code concerning property.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:

   Chapter 12. Expedited Removal of Squatters
   Sec. 1. This chapter applies only to the removal of a squatter.
   Sec. 2. As used in this chapter, "squatter" means an individual
who:

      (1) occupies the property of another person;
      (2) does not have a rental agreement, permission of the
      property owner, or any other property interest authorizing
      the individual to occupy the other person's property; and
      (3) has never had a rental agreement, permission of the
      property owner, or any other property interest that
      authorized the individual to occupy the other person's
      property.
The term does not include a person whose rental agreement has
expired or who may have violated the rental agreement, or a
person who is an invitee on the real property.
   Sec. 3. (a) A property owner who discovers that a squatter is
occupying the owner's property may execute an affidavit stating
that the squatter:
      (1) is occupying the owner's property;

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      (2) does not have a rental agreement, permission of the owner,
      or any other property interest authorizing the individual to
      occupy the owner's property; and
      (3) has never had a rental agreement, permission of the
      owner, or any other property interest that authorized the
      individual to occupy the other owner's property.
   (b) An affidavit executed under this section must state that a
person who makes a false statement on the affidavit is subject to
the penalties of perjury.
   (c) A law enforcement agency may create a form affidavit that
contains all the information required under this section.
   Sec. 4. (a) A property owner may provide a law enforcement
agency with a copy of the affidavit described in section 3 of this
chapter.
   (b) Except as provided in subsection (c), not later than
forty-eight (48) hours after receipt of the affidavit, the law
enforcement agency shall dispatch one (1) or more law
enforcement officers to remove the squatter from the owner's
property.
   (c) A law enforcement agency may dispatch one (1) or more law
enforcement officers to remove a squatter later than forty-eight
(48) hours after receipt of the affidavit for reasons of public safety.
However, the law enforcement agency shall dispatch one (1) or
more law enforcement officers to remove the squatter as soon as
practicable.
   (d) Nothing in this section shall prohibit:
      (1) a property owner from executing an affidavit described in
      section 3 of this chapter; and
      (2) a law enforcement officer from removing a squatter upon
      receipt of an executed affidavit under section 3 of this
      chapter;
at the time a law enforcement officer is responding to a complaint
that a squatter is occupying the owner's property.
   Sec. 5. (a) Except as provided in subsection (b), a law
enforcement officer dispatched to remove a squatter shall remove
the squatter from the property unless the law enforcement officer
discovers credible evidence that the individual is not a squatter
because the individual:
      (1) has a rental agreement, permission of the property owner,
      or any other property interest permitting the individual to
      occupy the property; or
      (2) formerly had a rental agreement, permission of the

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      property owner, or any other property interest that allowed
      the individual to occupy the property.
   (b) A law enforcement officer dispatched to remove a squatter
shall remove the squatter from the property unless the law
enforcement officer discovers credible evidence that the individual
is an invitee of:
      (1) the property owner; or
      (2) a person who has or formerly had a rental agreement or
      permission of the property owner to occupy the property.
A law enforcement officer dispatched to remove a squatter from a
railroad or a railroad car may rely upon a statement from an
individual working on the railroad or in the railroad car that the
individual alleged to be the squatter does not have a lawful reason
to be on the railroad or in the railroad car as credible evidence to
remove the squatter under this subsection.
   (c) In addition to removing the squatter from the property, a
law enforcement officer may arrest the squatter if the law
enforcement officer has probable cause to believe that the squatter
has committed an offense.
   Sec. 6. The provisions for the removal of a squatter under this
chapter are in addition to and supplement any other legal remedies
available to the property owner, including filing an action for
possession or emergency possession under this article.
   Sec. 7. A law enforcement agency or law enforcement officer is
immune from civil liability for acting within the scope of the law
enforcement agency's or law enforcement officer's duties to
enforce a requirement of this chapter.
   Sec. 8. (a) For purposes of this section, a person is wrongfully
removed from property under this chapter if the affiant knowingly
makes a materially false statement on an affidavit described in
section 3 of this chapter.
   (b) A person wrongfully removed from property under this
chapter may bring a civil cause of action against the affiant.
   SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
a law enforcement agency or law enforcement officer for
enforcement concerning the removal of a squatter).

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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