Senate committee debates squatters rights and dwelling definitions in new legislation

March 18, 2025 | Judiciary, Senate, Legislative, North Dakota


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Senate committee debates squatters rights and dwelling definitions in new legislation
In a recent meeting of the North Dakota Senate Judiciary Committee, lawmakers engaged in a detailed discussion about the implications of a proposed amendment concerning the definition of "dwelling" in relation to trespassing laws. The meeting, held on March 18, 2025, highlighted concerns about how the language of the bill could affect individuals residing in temporary accommodations, such as hotel rooms or even unconventional sleeping places like cars or tents.

Senator Larson raised a pivotal question regarding whether a hotel room could be classified as a "sleeping place" under the new definition. Legal expert Mr. Gunderson responded, indicating that the amendment aims to broaden the definition of dwelling to include various structures where individuals might sleep, potentially categorizing hotel rooms as dwellings. This raised further inquiries about the legal status of individuals who might remain in such accommodations beyond their paid stay, with concerns that they could be classified as squatters under the new law.

Senator Rudolph emphasized the bill's intent to address the issue of squatting, suggesting that the legislation should clarify the consequences for individuals unlawfully occupying spaces not intended for long-term residence. The discussion also touched on the potential for the law to apply to unconventional living situations, such as residing in a garden shed or barn, with Gunderson assuring that existing trespass laws would still protect property owners in these scenarios.

As the committee deliberated, the focus remained on ensuring that the legislation effectively balances property rights with the realities faced by individuals experiencing homelessness or financial hardship. The meeting concluded without a decision on the bill, leaving lawmakers to ponder the complexities of defining dwelling and the broader implications for both property owners and vulnerable populations in North Dakota.

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