Protects servicemembers' property rights by preventing squatters from claiming rights to their property while they are on active duty, overriding conflicting state laws.
Brian Mast
Representative
FL-21
This bill amends the Servicemembers Civil Relief Act to protect servicemembers' properties from squatters' rights established by state law. It ensures that state laws do not allow individuals to claim rights to a servicemember's property while they are on active duty.
This proposed legislation amends the Servicemembers Civil Relief Act (SCRA), a key federal law providing legal protections for military personnel. The core change is straightforward: it aims to prevent anyone from using state-level "squatter's rights" laws to claim ownership or residency rights to real estate owned by a member of the uniformed services while they are on active duty.
Think about it: servicemembers are often deployed thousands of miles away, making it incredibly difficult, if not impossible, to keep constant watch over their property back home. State laws on "squatter's rights," technically known as adverse possession, can sometimes allow individuals who occupy a property openly and continuously for a certain period (which varies by state) to eventually gain legal rights to it. This bill steps in to say that those state rules don't apply when the property owner is away serving the country. It effectively creates a federal shield, ensuring that a deployment doesn't put a servicemember's homeownership at risk from this specific type of claim.
The bill uses the principle of federal preemption – meaning federal law (in this case, the amended SCRA) overrides conflicting state laws. It specifically targets any state law establishing squatter's rights regarding real property. If this passes, it means that even if someone were to occupy a servicemember's property under conditions that might normally trigger squatter's rights under state law, those rights could not be legally established or claimed as long as the owner is on active duty. This provides a clear, nationwide standard protecting military homeowners during their service, regardless of differing state regulations.