In 1816, one of our greatest Americans, Thomas Jefferson, wrote, “A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings; that no one has a right to obstruct another exercising his faculties innocently for the relief of sensibilities made a part of his nature.”
As this inspired Founding Father stated, private property rights are not merely a suggestion — they are a cornerstone of American freedom. Yet the issue of squatters taking over people’s homes continues to grow across the nation. Since the COVID-19 pandemic, many property owners have faced significant challenges removing unlawful occupants. Criminals are scheming to take over homes that are not theirs, threatening homeowners’ safety and infringing on their private property rights.
Think this topic isn’t a serious issue? Your perspective may depend on the state you live in — and whether you have ever had to confront someone squatting on your property. A recent piece by TurboTenant ranked the 10 worst states to be a landlord, all of which are run by liberals: Connecticut, Massachusetts, Minnesota, Maryland, Illinois, Washington, Oregon, New Jersey, New York, and California. The piece highlighted a situation in Washington where, after three years and more than $80,000 in losses, a landlord still had not reclaimed his property from a serial squatter “thanks to Washington laws that make it painfully hard to remove tenants who stop paying but refuse to leave.” It also described a California homeowner who “spent two years and over $250,000 evicting squatters who signed a lease, trashed the property, and never paid a dime.” These are just two of the many horror stories that everyday Americans are experiencing across the country.
One such story that hits close to home is that of D’Andrea Turner, whose Phoenix home was “sold” by squatters just last year. Two individuals found Turner’s house vacant, forced their way into the residence, and attempted to cash in on the property by forging documents for the transaction. The two desperadoes almost got away with the heist but got caught when they unsuccessfully attempted to cash the checks written for the “Turners.” In an interview with a local media outlet after the ordeal was uncovered, D’Andrea said, “I feel like I’m in the Twilight Zone. Really, I didn’t even think something like this could happen.”
The clear and present dangers posed by squatters have made it critical for legislatures and governors to act to protect the private property rights of their citizens. For two years, I have attempted to do just that by introducing legislation to strengthen Arizona’s already robust private property laws. Although Arizona has existing trespassing laws, it is often difficult to prove that a person is unlawfully occupying a home, which can result in lengthy legal battles.
Last year, my attempt to increase these protections was vetoed by Gov. Katie Hobbs, despite receiving support from both Republicans and Democrats.
Not to be deterred, I returned this legislative session with renewed determination to get this reform enacted into law. My bill creates a clearer and faster process for homeowners to remove unlawful occupants from their property. It outlines when someone can be considered an unauthorized occupant, including individuals who are not tenants, immediate family members, or parties to an agreement with the property owner. It also allows courts to issue writs of restitution immediately after a judgment in qualifying cases, enabling homeowners to regain possession of their property without unnecessary delays. SB 1426 further directs the Arizona Supreme Court to establish expedited procedures for resolving these cases while preserving all existing protections and remedies under Arizona’s Residential Landlord and Tenant Act.
If someone breaks into your home, moves into your property, and refuses to leave, the law should stand with the homeowner — not the unlawful occupant. That is common sense. My bill has been years in the making, responding to growing problems in Arizona and across the nation, and we have worked tirelessly with stakeholders, lawmakers, and law enforcement to get it right. The overwhelming support we have received, including from members of law enforcement who deal with these situations firsthand, shows just how urgently these reforms are needed. Arizonans should not have to spend months fighting to reclaim property they already own. SB 1426 cuts through red tape, closes loopholes that have been exploited for too long, and puts homeowners back where they belong — in control of their property. I was proud to see this legislation signed into law earlier this summer so Arizona families can receive the protections they deserve.
Another one of America’s beloved Founding Fathers, George Washington, echoed Jefferson’s sentiments about private property rights, writing, “Freedom and Property Rights are inseparable. You can’t have one without the other.” We just celebrated the United States’ 250th birthday, and Washington’s words serve as a warning for our nation’s future. If America is to endure another 250 years as a world superpower and the shining city on a hill, we must take serious action at every level of government to protect private property rights from anyone and anything seeking to undermine them. Our grandchildren’s future prosperity and liberties depend on our resolve.
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