CHEYENNE — Squatting is a nationwide issue that’s made it difficult for owners to sell or sometimes even visit their residential property, and Casper law enforcement says Wyoming is not immune to it.
Transient people move into vacant homes, sometimes causing damage to the property, and often refuse to leave after the owner or police confront them. This issue is commonly treated as a civil dispute by law enforcement due to the difficulty of verifying whether the occupant is a legitimate tenant, according to a memo from Pacific Legal Foundation.
Members of the Wyoming Legislature’s Joint Judiciary Committee voted Thursday to sponsor two bills in the 2025 general session that address squatter issues, after Police Chief Keith McPheeters came to the committee for help in June.
McPheeters told the committee that this is a growing issue in Casper.
“We’ve done pretty much everything we can, even at great expense to us,” McPheeters said at the June meeting. “But it’s not just about Casper. I want to reiterate, this is happening across our state.”
Natrona County District Attorney Dan Itzen said during the June meeting that courts are backlogged by the number of criminal cases currently being processed. He said his office has seven assistant district attorneys handling more than 100 felonies.
“When the chief discusses these issues of squatting and property damage, he’s absolutely right. It’s a tremendous problem. It’s a growing problem,” Itzen said. “But you also couple it with what we’re currently facing, and it becomes almost an unmanageable problem.”
What the bills do
Committee members decided Thursday, by a vote of 10-4, to pass draft bill 2, “Residential property-removal of unlawful occupant.”
This bill explicitly allows property owners to seek help from law enforcement to remove unauthorized occupants from their residential dwelling.
Wyoming Realtors lobbyist Laurie Urbigkit said this is a very important bill to protect both residential property owners and law enforcement from liability, which has kept them from acting in certain parts of Wyoming.
The bill, as written, outlines the lawful process to remove unauthorized occupants and specifically states that law enforcement officials are not liable “for the loss, destruction or damage of property that’s removed.”
This same liability also goes to the property owner, except in the case of wrongful removal.
The bill provides a misdemeanor penalty for occupants who provide false documentation to prove their residency, punishable by up to six months imprisonment, a $750 fine or both.
It also prescribes a felony charge to any person who “unlawfully detains, occupies or trespasses upon property and who knowingly defaces, injures or destroys property.”
This felony is punishable by up to 10 years imprisonment, a $10,000 fine or both.
A remedy is also provided in the bill for those who were wrongfully removed from the residence. Property owners should acknowledge, under this bill, that those who are removed from the property may litigate against them.
Draft bill 131, “Use of fraudulent documents to wrongfully possess property,” creates a felony offense for a person who uses fraudulent documentation to gain or retain possession of a property, punishable by up to 10 months in prison, a $10,000 fine or both.
Eight states have already enacted laws similar to bill 2 that specifically target squatter issues, and 11 states have bills pending for consideration, according to the PLF memo.
“Some (law enforcement) feel stymied by the laws that currently stand, and a law like this empowers and protects them to act in a situation where property rights are at risk,” said state legal policy deputy director Jim Manely.
Rep. Ken Chestek, D-Laramie, said he is against the bill because it doesn’t satisfy due process of law. He explained that this legislation lets law enforcement act as “judge, juror and executioner.”
“(The sheriff) has to evaluate the legal rights of individuals based on very brief notification, very brief investigations,” Chestek said. “And having the sheriff do that is problematic to me.”
Existing trespass laws
Wyoming has existing trespass statutes that allow law enforcement to remove unauthorized occupants.
If an individual doesn’t leave the property after being asked by the owner and/or law enforcement, this qualifies the individual for a misdemeanor charge, which is an arrestable offense, according to Wyoming Association of Sheriffs and Chiefs of Police Executive Director Allen Thompson.
“That does beg the question, is all of this needed to accomplish that same thing?”
Thompson said. “Our membership hasn’t looked at this. This might be a tool that is beneficial to them, and I don’t want to speak on that until our memberships have a little bit of time to weigh in.”
Reasons for eviction may be lawful, such as abusing the property, violating the renter’s contract or failure to pay rent. But there are also situations where the property owner tries to evict the tenant for personal reasons, such as making room for a family member. If the tenant refuses to leave, it’s on the renter to appeal the case before a judge.
“We don’t get involved in that, as peace officers, until the judge makes a ruling,” said Converse County Sheriff Clint Becker. “Per what the judge rules, then that gives us the authority to eventually forcefully move that person out of there.”
Becker added that current trespassing law is sufficient enough for his department to handle trespassers on private property, although he said he couldn’t speak for the larger city of Casper.
“The trespass laws work very well for us, but then I don’t have the same problems that they have,” Becker said.
Rep. Karlee Provenza, D-Laramie, who also voted against the bill, said law enforcement already has legal avenues to remove unauthorized occupants from private residences.
“You have two prongs that law enforcement is able to use and execute, and they’re not struggling, except for maybe one agency,” Provenza said. “Now we’re here with a third option, which is muddled at best.”
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