Bill Summary for H 96 (2025-2026)

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Summary date: 

Mar 25 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 96 (Public) Filed Tuesday, February 11, 2025
AN ACT TO CREATE AN ALTERNATIVE REMEDY FOR THE EXPEDITED REMOVAL OF UNAUTHORIZED PERSONS FROM PRIVATE PROPERTY BY A LAW ENFORCEMENT AGENCY.
Intro. by Tyson, Biggs, K. Hall, Howard.

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Bill summary

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.