KENTUCKY HOUSE MAJORITY CAUCUS
May 27, 2025
Protecting what is rightfully yours
In Kentucky, property ownership has long been a cornerstone of personal freedom and economic stability. However, many property owners face the ongoing challenge of protecting their investments from the act of squatting—when a person occupies an abandoned or unoccupied space without legal permission. This practice has become a significant and often contentious issue across the Commonwealth.
At its core, squatting frequently arises from housing insecurity and poverty. Still, property owners and landlords rightly view squatting as a violation of property rights and a source of financial and legal distress. Evicting squatters can be a prolonged and costly legal process. In addition, squatting can lead to property damage, safety concerns, and neighborhood disputes.
To illustrate, in one real-life situation, a group of individuals took up residence in a vacant building without the owner’s knowledge or consent. By the time the situation was discovered, the occupants had caused thousands of dollars in damage and refused to leave. The owner was forced into an extended legal battle, during which the property remained unusable and vulnerable to further harm.
By passing HB 10, the legislature has taken a critical step toward safeguarding one of our most basic and cherished rights: the right to private property. This measure directly addresses the growing concern of squatting by closing legal loopholes that have made it burdensome for owners to reclaim what is rightfully theirs.
At its core, HB 10 provides a streamlined process for law enforcement to remove squatters, eliminating unnecessary court delays and allowing immediate action when unauthorized individuals refuse to vacate a property. The legislation also increases penalties for squatters who damage property, reinforcing the message that the Commonwealth will not tolerate unlawful occupation.
Why is HB 10 necessary? Across the Commonwealth, property owners – including homeowners, landlords, and business owners – have struggled to reclaim their land from squatters. In many cases, unauthorized occupants have caused extensive damage, refused to leave, and forced owners into costly and time-consuming legal battles.
Previously, even when someone illegally occupied real property, law enforcement may have been unable to act immediately. Property owners often had to navigate a drawn-out and expensive eviction process. HB 10 eliminates this bureaucratic hurdle, allowing officers to act swiftly once a property owner confirms that the squatter has no legal right to be there.
Furthermore, squatting can contribute to increased crime rates, including drug activity, theft, and unsafe living conditions. Abandoned properties occupied by squatters often lead to declining neighborhood property values and growing concern among nearby residents.
In addition to classifying squatting as a Class D felony, HB 10 increases penalties for offenders who commit $500 or more in property damage while squatting by classifying such acts as criminal mischief in the second degree, a Class A misdemeanor.
Beyond helping property owners reclaim their land, HB 10 also protects law enforcement officers who respond to these situations. The measure provides clear guidance, ensuring that officers can remove squatters with confidence and without unnecessary legal risk. This strengthens their ability to maintain order and protect the public.
This measure gives Kentuckians one of the strongest responses in the nation for defending property rights. By eliminating legal loopholes and holding trespassers accountable, HB 10 gives property owners the protection they deserve.
As always, I welcome your thoughts and questions. You may reach me through the toll-free message line at 1-800-372-7181 or by email at Chris.Freeland@kylegislature.gov. You may also track our work at legislature.ky.gov.