No, squatting in Montana is illegal under state trespass and adverse possession laws, with penalties including fines or eviction. Local sheriffs enforce removal under MCA § 45-6-204, while county assessors track unclaimed properties to deter occupation.
Key Regulations for Squatting in Montana
- Trespass Law (MCA § 45-6-204): Unauthorized entry onto private property constitutes criminal trespass, punishable by up to 6 months imprisonment and/or $500 fines. Law enforcement may remove squatters immediately upon verified complaint.
- Adverse Possession (MCA § 70-1-104): Claims require 5+ years of continuous, hostile, open, and exclusive occupancy with property taxes paid. Montana’s 2024 statutory amendments tightened documentation requirements, mandating notarized affidavits for contested claims.
- Local Enforcement Variances: Counties like Missoula and Yellowstone prioritize expedited eviction via magistrate court under MCA § 70-27-101, bypassing traditional foreclosure timelines. Sheriff’s departments now cross-reference unoccupied properties with assessor databases to flag squatting risks.
Montana’s 2026 budget allocates $2.3M to rural sheriff departments for squatter interdiction training, aligning with HB 412’s expanded civil penalties for property owners failing to secure vacant structures. Federal HUD grants further incentivize municipalities to adopt anti-squatting ordinances, though no statewide preemption exists. Always verify property ownership via county records before occupancy to avoid litigation.