§ 35-9B-3 — Verification of Owner; Service of Notice; Identification and Arrest of Squatters; Fees

(a) Upon receipt of the affidavit, the law enforcement agency shall verify that the affiant is the record owner of the dwelling or the authorized agent of the owner of the dwelling and appears otherwise entitled to relief. Upon verification and after at least 24 hours from receipt of the affidavit, the law enforcement agency shall serve a notice to immediately vacate on the unauthorized individual. Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling. Law enforcement shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service. If appropriate, a law enforcement officer may arrest any individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for an outstanding warrant.
(b) A law enforcement agency may charge a fee of not more than fifty dollars ($50) to process an affidavit filed pursuant to this section.

Legislative History

(Act 2024-237, §§4(d), 4(k).)