CHANGING THE TERM SQUATTER TO ADVERSE POSSESSOR IS RIDICULOUS

Seeks to address the issue of unauthorized individuals occupying immovable property. The bill proposes several amendments and additions to existing Louisiana law to facilitate the removal of such individuals.

Key provisions of the bill:

1.    Definition of "adverse possessor": The bill introduces the term "adverse possessor," defined as any person who remains on property without a right of possession, ownership, occupancy, or a lease interest. This term replaces "squatter" in the existing statutes.

2.    Authority for warrantless arrests: The proposed legislation allows peace officers to arrest an adverse possessor without a warrant if there is reasonable suspicion that the individual has violated any provision of Louisiana law.

3.    Establishing reasonable suspicion: The bill outlines that reasonable suspicion can be based on specific, objective, and articulable facts, including:

o  Signs of forcible entry

o  The condition of the property

o  Observations from neighbors

4.    Role of complaints: Complaints from neighbors, witnesses, or other interested parties are considered sufficient to establish reasonable suspicion for an officer to make an arrest.

5.    Amendments to criminal trespass laws: The bill modifies current trespass statutes to incorporate the term "adverse possessor" and clarifies that remaining on property after being directed to vacate by the lawful possessor—either verbally, through written notice, or via conspicuous signage—constitutes criminal trespass.

In summary, House Bill No. 262 aims to streamline the process for removing unauthorized occupants from immovable property by defining "adverse possessors," granting law enforcement the authority to act based on reasonable suspicion, and updating the language in existing trespass laws.

HOUSE floor amendments technical

HOUSE committee amendments [LINK] change the effective date from December 31, 2030, to December 31, 2026. They also restrict the bill's applicability to Class B or Class C licensed premises that contain less than 5,000 square feet of public habitable floor area. This size limitation is added consistently to ensure clarity regarding eligible premises.

Prohibits the issuance of new alcoholic beverage permits (both high and low content) within Louisiana House District 3 from August 1, 2025, through December 31, 2030. Existing valid permits may be renewed if compliant with laws and ordinances, but no additional locations may be permitted. Lapsed permits cannot be renewed.

Requires a hospital to grant temporary emergency privileges to a qualified healthcare professional to perform a unique, stabilizing procedure on a patient prior to transfer, even if that professional is not normally credentialed at the hospital.

Key Provisions: 

- Applies when a patient is being transferred to another hospital. 

- The healthcare professional must be credentialed to perform the unique procedure at the receiving hospital. 

- The transferring hospital must verify this credential. 

- Emergency privileges are limited to the duration of the procedure. 

- The professional must notify the hospital before arrival; the hospital has one hour to grant privileges. 

- Defines “unique procedure” to include treatments like ECMO and organ transplant-related procedures.

Purpose: 

Facilitates time-sensitive interventions by allowing outside professionals to perform critical procedures at hospitals where they are not normally credentialed, improving patient outcomes during transfers.

HOUSE committee amendments technical except Amendment 4 [LINK] which deletes language defining blighted property replacing with new definition.

Expands Louisiana’s criminal blight laws by:

1. Including properties occupied by tenants or adverse possessors in the definition of “blighted property.” 

2. Holding not just property owners, but also their agents, representatives, or anyone with custody or control of the property, criminally liable for permitting blight. 

3. Requiring municipalities to investigate credible blight complaints and initiate administrative hearings if warranted.

Effect: 

Increases enforcement options for municipalities and expands who can be held responsible for allowing blight, even on occupied properties.