Rating: +1

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Bill Summary:

House Bill 321 establishes a new expedited process for removing unlawful occupants from residential property in Idaho. It allows property owners or their agents to file a verified complaint with the local sheriff, stating under penalty of perjury that the individuals occupying the property are neither legal tenants nor parties to any legitimate ownership claim. Upon verification, the sheriff is authorized to serve notice and restore possession of the property to the rightful owner without requiring a traditional eviction process.

The bill also enables law enforcement to arrest unauthorized occupants for criminal offenses such as trespassing, theft, or property damage. It introduces penalties for individuals who present false documents to remain on the property or attempt to sell or lease real estate without legal authority. To protect against misuse, the bill includes a civil remedy for individuals who are wrongfully removed. The law takes effect on July 1, 2025.

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Reason for Rating:

H0321 strengthens private property rights by giving lawful owners a direct, efficient legal mechanism to remove squatters and fraudulent occupants. It affirms the fundamental right to control one’s own property, a core tenet of the Idaho Republican Party Platform. The bill promotes law and order, empowers sheriffs without expanding bureaucracy, and deters real estate fraud with new criminal penalties.

Importantly, it balances this authority with safeguards against abuse, requiring sworn statements from property owners and providing civil recourse for wrongful removals. H0321 addresses a growing problem across the country and positions Idaho as a leader in protecting homeowners. For its strong alignment with the principles of private property, limited government, and public safety, this bill is appropriately rated at +1.