Douglas County Sheriff Aaron Hanson is backing a proposed bill aimed at tackling the issue of squatters, calling it a growing problem.
“If someone is not paying rent and is living on a property illegally or without permission, that creates a huge problem,” Hanson said.
He also warned of public safety risks, noting that squatters often use properties for illegal activities such as drug dealing, gang activity, and even human trafficking.
Additionally, Hanson highlighted cases where squatters were linked to fires in both residential and commercial properties.
“Not only is it a trespassing situation, but they put the property owner at risk of damage, and anyone in adjacent properties at risk of life or limb if the fires spread or the criminal activities extend to surrounding areas,” he said.
Proposed Law Would Speed Up Removal Process
On Wednesday, Hanson testified in favor of LB433, a bill introduced by State Sen. Brad von Gillern.
If passed, the law would allow officers to issue citations to individuals suspected of illegally staying on a property. The accused would then have three business days to provide documentation proving legal residence. If they fail to do so, law enforcement could make an arrest.
Nebraska already has laws regarding squatters, but supporters of the bill argue that the current process for removing them takes too long.
“Altogether, this could take a couple of months or more, leading to a huge expense in time and, of course, potential damages,” said Lynn Fischer, who testified on behalf of the Statewide Property Owners Association.
Opposition Raises Legal Concerns
The Nebraska ACLU opposed the bill, arguing that it shifts the burden onto the accused to prove their innocence.
“That’s unusual and, arguably, is not permitted in a criminal setting,” said lobbyist Spike Eickholt. “You have a right to remain silent. You cannot be compelled to testify or produce evidence to establish your innocence.”
Tenant advocates also expressed concerns, noting that Nebraska law does not require landlords to provide written lease agreements.
“I’ve had clients who were locked out of their rental portals, losing all access to their proof of tenancy once there was any conflict with their landlord,” said Noah Rasmussen, an attorney with Legal Aid of Nebraska. “But all these tenants possess the same legal right under Nebraska law as those with written leases and receipts for payments.”
Sen. von Gillern indicated he would consider amending the bill to ensure authorities direct accused squatters to resources if they are homeless.
The bill must first pass the Judiciary Committee before lawmakers can debate it on the floor.
For more updates on legislative changes, visit Nebraska News.
