Senate committee substitute to the 3rd edition makes the following changes.

Amends proposed GS 14-159.51 (requirements for removal of unauthorized persons) to allow a property owner or their authorized representative to initiate an expedited removal proceeding or the removal of an unauthorized person illegally occupying residential property (was, may request from a law enforcement agency with jurisdiction over the residential property location the removal of an unauthorized person unlawfully occupying the residential property).

Amends the process for removal of an unauthorized person by amending provisions found in GS 14-159.52 and GS 14-159.53, which required a property owner or their authorized representative to appear before a magistrate and complete a sworn affidavit and set out the timeline for law enforcement to remove the individual, by setting out the following new process in new GS 14-159.52. Provides that an expedited removal process commences with the filing of a complaint and issuance of a summons in the county where the property is located. Requires, when the clerk of superior court’s office is closed for the complaint to be filed with, and the summons issued by, a magistrate. Requires the complainant to give the summons and complaint to the sheriff who must serve them on the unauthorized person personally or by posting copies on the front door of the property with 24 hours after receiving them. Requires a hearing on the removal to be held before a magistrate in the county where the property is located within 24-48 hours after service. Requires the court, when it finds in favor of proper owner or their authorized representative to immediately enter a written order granting them possession and stating a time when the unauthorized person must vacate the property (which must not be more than four hours after serving the order). Requires the court order to be served on the unauthorized person at the hearing. Sets out the process to be followed when the unauthorized person does not attend the hearing.

Adds new GS 14-159-53 allowing an unauthorized person, property owner, or the property owner’s authorized representative, to appeal a court order to the district court for a trial de novo. Requires when the court fines for the property owner or their representative, for the court to determine the amount of the appeal bond that the unauthorized person must be required to post if they seek to appeal the court order, which must be at least $10,000, but may be set higher using the described parameters.  

Enacts new GS 14-159.54 to allow the property owner or their authorized representative to remove the personal property of an unauthorized person and place it at or near the property line when the court has entered an order of removal and the person fails to remove personal property from the residence within the time allowed in the order. Specifies that failure of an unauthorized person to vacate a residence in accordance with a court order constitutes criminal trespass.

Amends GS 14-159.56 (was, GS 14-159.55), concerning remedies for wrongful removal, by making conforming changes to refer to a property owner or their authorized representative instead of an affiant. Changes the amount that a person harmed by a wrongful removal can recover to now limit damages to actual damages as in an action for trespass or conversion and not include punitive damages, treble damages, or damages for emotional distress (was, actual costs and damages incurred, statutory damages equal to triple the fair market rent of the residence, civil penalty of no less than $400 or more than $4,000, court costs, and reasonable attorneys’ fees).

Changes the effective date of new Article 22D, from October 1, 2025, to December 1, 2025.

Enacts new GS 19A-27.5 prohibiting a local government or other political subdivision of the State from enacting, maintaining, or enforcing any ordinance, resolution, or other enactment, that (1) prohibits or restricts the sale of animals by a licensed pet store, or (2) imposes additional licensing, operation, or regulatory requirements on pet shops beyond those established by State law. Gives the Board of Agriculture exclusive authority to regulate pet shop operations. Makes conforming changes to the long title. 

House committee substitute to the 1st edition makes the following changes. Makes organizational changes. 

Section 1.

Reorganizes provisions comprising the “Expedited Removal of Unauthorized Persons from Residential Property” from new Article 8 of GS Chapter 42 to new Article 22D of GS Chapter 14. Makes conforming changes to statute citations to reflect reorganization.

Modifies the term unauthorized person in GS 14-159.50 (was, GS 42-79), the definitions provision of the Article, to remove provision that a valid contract for deed or rental agreement referenced in the definition is signed by the property owner or the property owner’s authorized representative. Adds the unauthorized person not being the property owner as an additional requirement to the conditions set forth in GS 14-159.51 (was, GS 42-80) to be met for a property owner or authorized representative of the property to request removal of an unauthorized person unlawfully occupying the property from a law enforcement agency with jurisdiction over the property. Makes conforming organizational changes.  Changes the judicial officer where a person may request immediate removal of an unauthorized person from residential property under GS 14-159.52 (was, GS 42-81) from the clerk of superior court to a magistrate. Makes conforming changes. Makes conforming changes to GS 14-159.53 (was, GS 42-82) to remove reference to clerk of superior court. Expands the immunity under GS 14-159.54 (was, GS 42-83) to include coverage for damage to real property. Makes conforming change.  

Section 3.

Removes proposed changes to GS 22-2 that would have required that all that all leases and contracts for lease of land under GS 22-2 be put in writing, instead of only those that exceed three years in duration. Makes conforming changes to act’s effective date to account for removal of Section 3.