Bill Summary for H 984 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW ENFORCEMENT AGENCY.Intro. by Bradford, Gillespie, Shepard, Iler.
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Bill summary
House amendment makes the following changes to the 1st edition.
Part I
Adds new definitions section (GS 42-79) to new Article 8 of Chapter 42. Defines authorized representative, contract for deed, law enforcement agency, real estate broker, residential property, tenant, and unauthorized person. Removes the contents of GS 24-80 pertaining to contents of expedited removal complaint form. Amends the listed conditions for removal of residential property of an unauthorized person illegally occupying that property by a property owner or authorized representative (was, authorized agent), so that it now includes (1) an unauthorized person has unlawfully entered the property after the property owner acquired the property and remains on or continues to reside in the residential property (was, have unlawfully entered or unlawfully remain on or continue to reside in the private property); and (2) the new condition that no rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property. Makes additional clarifying changes.
Adds requirement that property owner or authorized person appear before the clerk of superior court in the county where the property is located (or magistrate, if the clerk’s office is closed) and complete a sworn affidavit attesting to the required conditions on a form created by the Administrative Office of the Courts (AOC) and NC Sheriffs’ Association (Association) before bringing the affidavit to the sheriff in the county where the property is located. Requires the clerk or magistrate to sign the affidavit verifying that the property owner or the authorized representative of the property owner appeared before him or her and swore under oath or affirmation to the information contained therein. Provides for a fee to the magistrate or clerk for completion of the affidavit. Provides for warning of criminal consequences for false testimony and warning that any removed persons may have a legal claim against the affiant on the form affidavit.
Makes technical and conforming changes to GS 42-82 (removal of unauthorized persons).
Adds new GS 42-83, providing for immunity for law enforcement agencies, law enforcement officers, clerks of superior court, and magistrates complying with new Article 8 so long as the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing. Specifies that the property owner or authorized representative is not liable to an unauthorized person or any other person or entity for the loss or destruction of or damage to any personal property that arises out of or in any way relates to the removal of an unauthorized person unless the removal was wrongful.
Expands the remedy for wrongful removal under GS 42-84 to include a civil penalty ranging from $400 to $4,000.
Makes conforming changes to the AOC's September 30, 2024 deadline to complete the affidavit form. Removes reference to the Associations in the deadline.