LEGAL Georgia governor signs bill to crack down on squatting

Cardinal

Chickministrator
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(The Center Square) -
(The Center Square) — Georgia Gov. Brian Kemp signed a measure to create a new offense of unlawful squatting following widespread reports in Georgia and beyond of squatters taking over people's properties
House Bill 1017, the "Georgia Squatter Reform Act," defines the crime as entering and residing on a property without an owner's consent. Anyone cited for squatting has three business days to provide proof of their authorization to be on a property, such as a "properly executed lease or rental agreement or proof of rental payments."
Otherwise, they face a criminal trespass charge.

"Squatters have been stealing the American dream of homeownership, and this bill puts a stop to that in Georgia," Rep. Matt Reeves, R-Duluth, said in a statement.
If documentation is provided, a Magistrate Court will hold a hearing within seven days to determine whether the submitted documents are "meritorious." Anyone who submits improper or fraudulent documentation faces a felony charge that carries up to a year in jail and additional fines for damages and rent based on the property's fair market value.
Accused squatters can appeal the magistrate's ruling.

In a statement, state Rep. Devan Seabaugh, R-Marietta, said the legislation "will empower Georgia's property owners to address intrusive squatters in an effective manner" and makes it clear that squatters' "actions are criminal and will face consequences."
According to reports, Atlanta is among the cities facing the most squatters.
"All across Georgia, squatters have become a huge problem for property owners and tenants," the Atlanta Realtors Association said on its website last month after the state Senate passed the bill. "They are illegally taking over properties, destroying them, causing havoc, and increasing crime in our neighborhoods.

"These properties held up by squatters could be put out for rent or put up for sale in our critical housing shortage, but owners cannot get their own properties back," the group added. "In many counties, the Superior Court is so backed up with eviction cases that they can't even take on squatting issues, meaning the squatters can drag out the process for months."
 

Dobbin

Faithful Steed
Kemp, of course, is "Anti-Maga." He alone could have asked for "recount" of actual ballots in the 2020 election.


Passing/signing the law is good optics - but will he actually enforce the law?

Property owners statewide will ask...

Dobbin
 

Cardinal

Chickministrator
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The Internet was abuzz with speculation that Kemp was sent a message to "stay in line, or else."


Followed by:


So, no recounts anytime soon in GA.
 

Griz3752

Retired, practising Curmudgeon
Squatting in my mind is theft.

People can be charged w/ theft of services for "stealing" utilities or cable so squatting is the same to me.

Because the potential for real damage to or destruction of an asset is more likely, I'm with KFhunter; penalties for such need to be way more severe than pirating cable or heaven forbid, using someone's NetFlix account.

I'm not aware of a jurisdiction where criminal trespass is a felony and if it were, when committed by an Illegal, such should lead to ejection from the country.

Which it would if US Immigration wasn't lead by people who are Pro-Illegal Migration and SJW Lawyers hadn't mastered the art of the Appeal.

We, the People are pooched at this time.
 

Cacheman

Ultra MAGA!
He alone could have asked for "recount" of actual ballots in the 2020 election.
A recount doesn't cut it, if you have 1,000,000 one dollar bills and it's thought a sizeable number are fake than just counting them again doesn't get rid of the fakes. You would need to to go deeper and find the fakes, take them out and than count again. Recounts are nearly meaningless without additional steps, unless the fraud is removed you can count on forever.
 

Elza

Veteran Member
Accused squatters can appeal the magistrate's ruling.

"In many counties, the Superior Court is so backed up with eviction cases that they can't even take on squatting issues, meaning the squatters can drag out the process for months."
So what, exactly, is this law going to accomplish? It will be appealed ad nauseum while the squatters remain in control of the property.
 

Griz3752

Retired, practising Curmudgeon
well that oughta get her kicked out next cycle
But until then, think of the potential cost to those whose property has been stolen or destroyed.

Sue her as an accomplice in each and every case of an illegal squatting in/on a tax-payer's property.
Go after her net worth as well as her accumulated re-election or any other contributed funds she's received for use as reparations.
 
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Reasonable Rascal

Veteran Member
I see they can or will be charged with criminal trespass and the squatters will be hauled off the jail.
These people can do a serious amount of damage to a home and I have no idea why they do it as they are living in it.

Apathy. Its not mine so why do I care. Likewise laziness. It doesn't cost them so why should they care.

It was found out back even when Stalin was around (late term I believe) that the postage stamp-sized private gardens of the Soviet peasants out-produced per square meter the collective farms, and with better quality. The same people worked both, albeit one by the family and the other by multiple families as collective employees. Pride and ownership can make a huge difference.

RR
 

Shadow

Swift, Silent,...Sleepy
Apathy. Its not mine so why do I care. Likewise laziness. It doesn't cost them so why should they care.

It was found out back even when Stalin was around (late term I believe) that the postage stamp-sized private gardens of the Soviet peasants out-produced per square meter the collective farms, and with better quality. The same people worked both, albeit one by the family and the other by multiple families as collective employees. Pride and ownership can make a huge difference.

RR
I work with a young mechanic who's father gave him and his brothers a car, that did not run, on their 16th birthday. He said when you can make it run it's your car. Needless to say they took care of the cars they had made run.

Shadow
 

Rabbit

Has No Life - Lives on TB
I see they can or will be charged with criminal trespass and the squatters will be hauled off the jail.
These people can do a serious amount of damage to a home and I have no idea why they do it as they are living in it.
Yes, and "If documentation is provided, a Magistrate Court will hold a hearing within seven days to determine whether the submitted documents are "meritorious."
Can you imagine the damage to a property and the precious things in your home that could stolen or damaged in seven days? Will a squatter be arrested immediately or allowed to stay on the property for seven more days? If someone is on my property I want them gone right now.
 

Griz3752

Retired, practising Curmudgeon
Yes, and "If documentation is provided, a Magistrate Court will hold a hearing within seven days to determine whether the submitted documents are "meritorious."
Can you imagine the damage to a property and the precious things in your home that could stolen or damaged in seven days? Will a squatter be arrested immediately or allowed to stay on the property for seven more days? If someone is on my property I want them gone right now.
I'm with you.

Jurisdiction-dependent, there are probably ways to deal with issues but, there could well be follow on legal issues, even in 2A Shall Issue states.

If the illegal trespasser is in the process of attacking a property owner or family thereof with a hammer, cutting tool or similar, jurisdiction-dependent that could be a good shoot.

Understanding the legal climate and "intent" under law could be critical.
 
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