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Strengthening property rights and combatting squatting
In Kentucky, property ownership has long been a cornerstone of personal freedom and economic stability. However, for too many property owners, the reality of protecting their investments from unlawful occupation has become costly and frustrating. Last week, I filed HB 10, a much-needed legislative measure aimed at addressing squatting, a growing issue that has left property owners vulnerable to trespassers who take advantage of legal loopholes to unlawfully occupy real properties.
At the core, HB 10 would provide a streamlined process for law enforcement to remove squatters, eliminating unnecessary court delays and ensuring immediate action can be taken when unauthorized individuals refuse to vacate a property. The measure also increases penalties for squatters who damage property, reinforcing the message that Kentucky will not tolerate unlawful occupation.
You might ask, why is HB 10 necessary? Across the Commonwealth, property owners, whether homeowners, landlords, business owners, or even railroad companies, have struggled to reclaim their land from squatters. In many cases, these unauthorized occupants leave behind extensive property damage, refuse to leave, and force owners into costly legal battles.
Under current law, even when a person illegally occupies a real property, law enforcement may be unable to act immediately, requiring property owners to navigate a lengthy and expensive eviction process. HB 10 would eliminate the bureaucratic hurdle, allowing officers to act quickly when a property owner confirms that the squatter has no legal right to be there.
Additionally, squatting can lead to increased crime rates, including drug activity, theft, and unsafe living conditions. Abandoned properties occupied by squatters decrease neighborhood property values and create concerns for nearby residents.
In addition to classifying squatting as a Class D felony, this measure includes provisions that would increase penalties for offenders who commit $500 or more in property damages while engaging in squatting activity by classifying it as criminal mischief in the second degree, a Class A misdemeanor.
Beyond helping property owners reclaim their land, HB 10 would also protect law enforcement officers responding to these situations. The measure provides clear guidance, ensuring that officers can remove squatters without unnecessary legal risks.
If enacted, HB 10 would make Kentucky one of the strongest states in the nation in defending property rights. By eliminating legal loopholes and holding trespassers accountable, the bill would give property owners the protection they deserve.
I also filed HB 747 to protect people from fraudulent leases. The measure would deem a person guilty of fraudulent sale or lease of real property, when they knowingly list or advertise, residential real property or a commercial building for sale, lease, or rent without legal title or authority that results in a loss to an individual. HB 747 would make the act a Class D felony for the first offense and a Class C felony for a subsequent offense.
Recently, I signed on as primary co-sponsor of HB 609. The measure proposes much needed reforms to certificate-of-need in our state’s bigger health care markets through a 4-year pilot program. HB 609 would streamline the approval process for critical health services in counties with 100,000 people or more. No changes are proposed for new certificate-of-need exemptions in any county with a less than 100,000 people. The measure would allow the cabinet to speed up processes to be more responsive to new health care investment in the state. The bill would codify several existing certificate-of-need regulations in statute. Essentially, we took the regulations and inserted them verbatim into statute. I’m thankful that House Majority Whip Jason Nemes let me sign on as primary-sponsor, as we continue to work to address the certificate of need.
As the 2025 Regular Session continues, I urge you to follow along with the legislative process. Each committee meeting is live streamed on YouTube, @KYLRCCommitteeMeetings. Floor proceedings are also live streamed at KET.org.
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via email at [email protected] and keep track through the Kentucky legislature’s website at legislature.ky.gov.
Last week, I filed HB 354 and HB 355 which would make the Certificate of Need (CON) process more efficient, and eliminate unnecessary CON requirements.
HB 354 would reform the CON process by eliminating the competitor’s veto, and requiring the Cabinet for Health and Family Services to conduct hearings on CON applications as requested by applicants. CON laws make it difficult to open and expand healthcare facilities, depriving patients of options.
HB 354 would allow only applicants or holders of CONs to request public hearings related to applications or revocations. In addition, the bill would ensure that applicants for CONs may be represented by counsel at public hearings, ensuring they have proper and sufficient representation, guaranteeing fairness within the CON application process.
Also, HB 354 would eliminate the ability of competitors to delay the issuance of a CON that the state has already deemed approved and necessary and streamline the review and reconsideration process which would allow the state to issue CONs in a more timely manner. Finally, HB 354 would ensure that applicants preserve their right to appeal an adverse final CON decision in state court.
HB 355 would reform Kentucky’s CON laws by expanding the list of various health facilities and services that are exempt from CON requirements.
HB 355 would also allow providers to offer the following services or open the following facilities without a CON: psychiatric hospitals, physical rehabilitation hospitals, chemical dependency programs or centers, home health agencies, freestanding hemodialysis units, alcohol abuse, drug abuse, rehabilitation, and mental health services. Kentucky has a critical shortage of psychiatric beds and mental health services, and CON laws have prohibited providers from being able to expand these services and offer much-needed care.
HB 355 would empower providers to offer the essential services that Kentuckians need, without significant roadblocks and delays from the government.