Kansas property owners now have a new legal process to remove unauthorized occupants after Governor Laura Kelly signed HB 2378 into law on April 7. The legislation introduces an expedited procedure for homeowners and commercial property owners to reclaim their properties by allowing them to submit a notarized affidavit to local law enforcement, bypassing traditional eviction processes.
The change is significant for Kansas residents who have faced difficulties in removing squatters, as it aims to streamline the process and provide greater protection for property rights. Jim Manley, State Policy Director with Pacific Legal Foundation, said, “Property rights are meaningless if the government denies homeowners the right to reclaim their property from wrongful possession. The right to exclude others from your property is one of the most fundamental rights of ownership. Kansas just made that right real.”
Under HB 2378, once a notarized affidavit is submitted stating that an occupant is neither authorized nor a tenant or holdover tenant, law enforcement must verify the claim and serve notice within 24 hours requiring the individual or individuals to vacate. The law applies not only to residential homes but also includes commercial properties and mobile homes.
To prevent misuse of this new authority, HB 2378 establishes criminal penalties for submitting false affidavits and creates a civil cause of action in cases of wrongful removal. Pacific Legal Foundation has announced efforts toward similar reforms in other states as part of its mission.
Pacific Legal Foundation operates as a nonprofit funded entirely by private donors, according to the official website. The organization promotes individual liberties with the aim of fostering cultural and social well-being so Americans can lead peaceful and productive lives according to its official website. It protects Americans’ constitutional rights from government overreach through strategic litigation and advocacy according to its official website.
Pacific Legal Foundation has been recognized for its exceptional record at the Supreme Court despite limited resources as noted on its official site, achieving 18 victories out of 20 cases before the U.S. Supreme Court while serving clients across all states according to its official website.
Looking ahead, Pacific Legal Foundation continues advancing similar legislative reforms nationwide aimed at strengthening property rights.
