====== N.D. Const. art. XI, § 22 — Research ======

**Homestead Exemption.** Text of the section: [[.:start|current and prior versions]].

Every citing reference in the corpus: **36** court opinions and **1** Attorney General opinion. Counts include the section's pre-1981 designation (§ 208), era-gated by the renumbering crosswalk.

//Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.//

===== Cases by topic =====

//Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.//

== Mortgage foreclosure and forced sale of the homestead ==

  * Malloy, et al. v. Behrens, [[https://www.ndcourts.gov/supreme-court/opinions/172289|2024 ND 199]] (2024, Crothers, J.)  ·  quotes the provision
    * //¶ 7: “…%%Our constitution protects a debtor's right "to enjoy the comforts and necessaries of life" by exempting from forced sale "a homestead, the value of which shall be limited and defined by law." N.D. Const. art. XI, § 22; see also First Nat'l Bank v. Hallquist, 184 N.W. 269, 271 (N.D. 1921) (stating "this constitutional provision requires the Legislature to pass laws exempting the homestead from forced sale"). Homestead protections are%%…”//
  * Federal Land Bank of Saint Paul v. Ziebarth, [[https://www.courtlistener.com/opinion/1704286/federal-land-bank-of-saint-paul-v-ziebarth/|1994 ND 153]] (1994, Meschke, J.)
  * Lake Region Credit Union v. Crystal Pure Water, Inc., [[https://www.courtlistener.com/opinion/1826935/lake-region-credit-union-v-crystal-pure-water-inc/|1993 ND 124]] (1993, Levine, J.)  ·  quotes the provision
    * //“…%%tead rights she may have had in the fifty-acre tract. [4] In addition, Franzella’s assertion that a homestead is not subject to a sheriff’s sale in a foreclosure action is contrary to the well-established law in this state. Franzella relies upon Article XI, Section 22 of the North Dakota Constitution, which provides: “The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homes%%…”//
  * N.D. Att'y Gen.: [[https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/93JAEG02.pdf|N.D. Op. Att'y Gen. 93-L-62 (1993)]]
  * Mund v. Rambough, [[https://www.courtlistener.com/opinion/1594551/mund-v-rambough/|1988 ND 208]] (1988, Erickstad, J.)  ·  quotes the provision
    * //“…%%n, 277 N.W.2d 445 (N.D.1979); and Patch v. Sebelius, supra. 6 Dale and Helen farmed the land from 1940 until 1972, although Helen now has a residence in Braddock. [7] Our state has long recognized the significance of a homestead as evidenced by Article XI, Section 22 of our state constitution dating back to its original adoption in 1889.7 Except in specific cases,8 a [*57] homestead is statutorily exempt from a judgment lien, execution or forced sale.9 In Federal Land Bank of St. Pa%%…”//
  * Podoll v. Brady, [[https://www.courtlistener.com/opinion/1348133/podoll-v-brady/|1988 ND 95]] (1988, Gierke, J.)
  * Federal Land Bank of Saint Paul v. Gefroh, [[https://www.courtlistener.com/opinion/1893960/federal-land-bank-of-saint-paul-v-gefroh/|1988 ND 13]] (1988, Meschke, J.)  ·  quotes the provision
    * //“…%%ld be justified in not considering it at this time, and, ordinarily, we would not. However, the current salience of the subject leads us to consider and settle the constitutionality of enforcing a mortgage against a homestead. Gefroh argues that Article XI, § 22, of the North Dakota Constitution limits the circumstances under which a homestead can be mortgaged and subjected to a foreclosure sale. He argues that the statute allowing foreclosure of a mortgage on a homestead viola%%…”//
  * First State Bank of Gackle v. Fischer, [[https://www.courtlistener.com/opinion/3934711/first-state-bank-v-fischer/|1937 ND 24]] (1937, Burke, J.)  ·  quotes the provision
    * //“…%%the premises as a homestead although subsequent in time to the judgment lien, is, in fact, superior thereto. We must, therefore, determine the effect of the homestead right acquired after the judgment has become a lien. The right of homestead is founded upon section 208 of the Constitution of North Dakota which provides, "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a hom%%…”//

== Nature, selection, and extent of the homestead ==

  * Peters-Riemers v. Riemers (See Docket Memo), [[https://www.ndcourts.gov/supreme-court/opinions/40277|2002 ND 49]] (2002, Maring, J.)
  * Albrecht v. Albrecht, [[https://www.courtlistener.com/opinion/2156045/albrecht-v-albrecht/|1959 ND 47]] (1959, Morris, J.)  ·  quotes the provision
    * //“…%%w does not look upon the right to exemptions as a personal right of the husband, or even as being given to the husband at all. It is a family right rather than a personal right.' The foregoing statement is particularly applicable to homestead exemptions. 'Section 208 of our Constitution provides: 'The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of w%%…”//
  * Conlon v. City of Dickinson, [[https://www.courtlistener.com/opinion/3935217/conlon-v-city-of-dickinson/|1942 ND 50]] (1942, Morris, J.)  ·  quotes the provision
    * //“…%%n 5622, Comp.Laws N.D.1913, and that the giving of the easement [*197] by P. L. Conlon was in effect a selection of the homestead from another portion of the **414 farm than that embraced in the Heart River. The homestead right in North Dakota is founded upon section 208 of the State Constitution which provides that: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestea%%…”//
  * Teiten v. Van Sickle, [[https://www.courtlistener.com/opinion/6851885/teiten-v-van-sickle/|1933 ND 70]] (1933, Birdzell, J.)  ·  quotes the provision
    * //“…%%sed as a dwelling including appurtenances necessary to the dwelling. The homestead law is purely statutory, and there are so many different statutes in the different states that the decisions of the courts relating to homestead laws are of very little help. Section 208 of the Constitution provides: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of w%%…”//
  * Meidinger v. Security State Bank of Medina, [[https://www.courtlistener.com/opinion/3933352/meidinger-v-security-state-bank/|1927 ND 45]] (1927, Burke, J.)  ·  construes, quotes the provision
    * //“…%%established during his married life, it continues to exist after the death of his wife unless voluntarily abandoned," even though there be no minor children or other dependents. This is to my mind a strained and unwarranted construction of our homestead law. Section 208 of the state Constitution provides for "wholesome laws, exempting from forced sale to all heads of families a homestead. * * *" Obeying this mandate, the Legislature has by appropriate laws (section 5605, Comp. Laws 191%%…”//
  * Fisher v. Fisher, [[https://www.courtlistener.com/opinion/3935387/fisher-v-fisher/|1926 ND 21]] (1926, Nuessle, J.)
  * Severtson v. Peoples, [[https://www.courtlistener.com/opinion/6849568/severtson-v-peoples/|1914 ND 65]] (1914, Fisk, J.)  ·  quotes the provision
    * //“…%%t our statute on homesteads is very similar to the Nebraska statute, these cases deserve special consideration. Before noticing them, however, a few words relative to the history of our homestead statute may be profitable. Pursuant to the mandate contained in section 208 of the state Constitution commanding the enactment of "wholesome laws, exempting from forced sale to all heads of families a homestead, the value of which shall be limited and defined by law," the Legislature in 1891 en%%…”//
  * Tromsdahl v. Nass, [[https://www.courtlistener.com/opinion/6849494/tromsdahl-v-nass/|1914 ND 43]] (1914, Goss, J.)
  * Dieter v. Fraine, [[https://www.courtlistener.com/opinion/6848916/dieter-v-fraine/|1910 ND 118]] (1910, Ellsworth, J.)  ·  quotes the provision
    * //“…%%ons of law and the decree entered by the trial court. What is known as the homestead right is in this state provided by means of laws, "exempting from forced sale to all heads of families a homestead, the value of which shall be limited and defined by law." Section 208, Const. The statute adopted in furtherance [*686] of this constitutional policy provides in broad terms that the homestead defined by law "shall be exempt from judgment lien and from execution or forced sale except as p%%…”//
  * Holcomb v. Holcomb, [[https://www.courtlistener.com/opinion/6848723/holcomb-v-holcomb/|1909 ND 26]] (1909, Fisk, J.)  ·  quotes the provision
    * //“…%%his father at the time of his death. The pertinent inquiry, therefore, is: Did Alanson L. Holcomb, after the entry of the judgment of divorce, continue to possess his homestead right in said premises? If not, the judgment appealed from was clearly correct. By section 208 of the Constitution the legislative assembly is commanded to recognize the right of the debtor to enjoy the comforts and necessaries of life by wholesome laws exempting from forced sale to all heads of families a homest%%…”//
  * Bremseth v. Olson, [[https://www.courtlistener.com/opinion/6848485/bremseth-v-olson/|1907 ND 48]] (1907, Fisk, J.)  ·  construes, quotes the provision
    * //“…%%effecting its objects, and in our opinion it is a wholly unwarranted construction of our Constitution and statutes relating to the homestead exemption to hold that neither the husband nor the wife can claim the property as exempt under the facts in this case. Section 208 of our Constitution provides: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of w%%…”//
  * Calmer v. Calmer, [[https://www.courtlistener.com/opinion/6848336/calmer-v-calmer/|1906 ND 14]] (1906, Engerud, J.)  ·  construes, quotes the provision
    * //“…%%n should be deducted from the value of the land and buildings thereon. We shall take up appellant's proposition first, as that presents the question whether the respondent has a homestead right in the premises in question. The state Constitution directs that (section 208): "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of which shall be limited and de%%…”//
  * Ness v. Jones, [[https://www.courtlistener.com/opinion/6847918/ness-v-jones/|1901 ND 60]] (1901, Wallin, J.)  ·  construes
    * //“…%%Syllabus by the Court. 1. Sections 5516, 3605, and 3625 of the Revised Codes of 1899, and section 208 of the state constitution, relating to exemptions, considered and construed. 2. Held, that the husband, and not the wife, is primarily the head of the family, and that, as a result merely of the conjugal relation, a w%%…”//

== Insurance proceeds and creditors of the estate ==

  * Lapland v. Stearns, [[https://www.courtlistener.com/opinion/2003831/lapland-v-stearns/|1952 ND 36]] (1952, Grimson, J.)  ·  quotes the provision
    * //“…%%ontract either in the policy or in the will by which the proceeds of the policy may be made subject to the debts of the deceased and the residue only made payable to the beneficiary or legatee.' This court then held that Sec. 8719 'is not in conflict with section 208 of the Constitution of North Dakota'. That opinion was filed March 22, 1917, ten years and five sessions of the legislature before any amendment to Sec. 8719 was made. It will be presumed that the legislature had knowle%%…”//
  * Anderson v. Northern & Dakota Trust Co., [[https://www.courtlistener.com/opinion/3934431/anderson-v-northern-dakota-trust-co/|1937 ND 29]] (1937, Christianson, J.)  ·  construes, quotes the provision
    * //“…%%during his lifetime. Prior to his death, his creditors acquired no interest in this fund. A statute which excludes creditors of the insured from participating in such fund after the death of the insured is not an exemption statute within the contemplation of section 208 of the North Dakota Constitution, the purpose of which is to secure the "right of the debtor to enjoy the comforts and necessaries of life." Under the decisions of this court construing section 8719 of the Compiled Laws%%…”//
  * Hafey v. Hafey, [[https://www.courtlistener.com/opinion/3933155/hafey-v-hafey/|1928 ND 126]] (1928, Christianson, J.)
  * Jorgensen v. De Viney, [[https://www.courtlistener.com/opinion/3933669/jorgensen-v-deviney/|1928 ND 11]] (1928, Christianson, J.)
  * Talcott v. Bailey, [[https://www.courtlistener.com/opinion/3933461/talcott-v-bailey/|1926 ND 26]] (1926, Johnson, J.)
  * Brown v. Steckler Brotherhood of American Yeomen, Garnishee, [[https://www.courtlistener.com/opinion/6850414/brown-v-steckler/|1918 ND 86]] (1918, Bruce, J.)  ·  quotes the provision
    * //“…%%ction, security and benefit of the people," nor is it in violation of the Fourteenth Amendment of the Constitution of the United States, in that it denies equal protection of the laws to citizens and persons; nor is it unconstitutional because in violation of section 208 of the Constitution of North Dakota, which provides that: "The right of a debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families%%…”//
  * Farmers' State Bank of Wild Rose v. Smith, [[https://www.courtlistener.com/opinion/6850123/farmers-state-bank-v-smith/|1917 ND 44]] (1917, Bruce, J.)  ·  quotes the provision
    * //“…%%te upon the death of a member of such society or of such insured shall not be subject to the debts of the decedent except by special contract, but shall be inventoried and distributed to the heirs or the heirs at law of such decedent," is not in conflict with section 208 of the Constitution of North Dakota, which provides that "the right of a debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a%%…”//

== Statutory exemptions for personal property ==

  * In re James Craig, [[https://www.courtlistener.com/opinion/1691565/in-re-james-craig/|1996 ND 71]] (1996, Neumann, J.)  ·  quotes the provision
    * //“…%%question of law: “Is North Dakota Century Code § 28–22–03.1(3) insofar as it allows for the exemption without limit of life insurance policies, individual retirement accounts, KEOGH plans and simplified employee pension plans, constitutional under Article XI, section 22 of the North Dakota Constitution?” We conclude subsection (3) of section 28–22–03.1, N.D.C.C., does not provide an unlimited monetary exemption for the personal property listed in the statute. James M. Craig filed a v%%…”//
  * Radke v. Padgett (Chicago, M. & St. P. Ry. Co., Garnishee), [[https://www.courtlistener.com/opinion/6851355/radke-v-padgett/|1922 ND 158]] (1922, Christianson, J.)
  * Sargent County v. State, Doing Business as Bank of North Dakota, [[https://www.courtlistener.com/opinion/6851071/sargent-county-v-state/|1921 ND 29]] (1921, Birdzell, J.)  ·  quotes the provision
    * //“…%%on to the garnishment proceedings in question. For it is the clear purpose of that statute to give effect to the exemption laws. Exemption laws exist to secure to debtors the right to enjoy "the comforts and necessaries of life." Constitution of North Dakota, § 208. Entertaining no doubt as to the correctness of the conclusions stated in our former opinion, the petition for rehearing should be denied. It is so ordered. ROBINSON, C. J., and CHRISTIANSON, J., concurring. BRONSON,%%…”//
  * Stringer v. Elsaas, [[https://www.courtlistener.com/opinion/6850171/stringer-v-elsaas/|1917 ND 80]] (1917, Robinson, J.)  ·  quotes the provision
    * //“…%%er, that the trial court erred in allowing plaintiff to testify in regard to the value of the goods in controversy, and that the report of the board of appraisers appointed at the instigation of the plaintiff was the best and only competent proof of the fact. Section 208 of the Constitution merely provides that wholesome laws shall be passed "exempting from forced sale to all heads of families a homestead, the value of which shall be limited and defined by law, and a reasonable amount o%%…”//
  * In re Kaeppler, [[https://www.courtlistener.com/opinion/6847503/in-re-kaeppler/|1898 ND 31]] (1898, Bartholomew, J.)
  * Roesler v. Taylor, [[https://www.courtlistener.com/opinion/6847168/roesler-v-taylor/|1894 ND 11]] (1894, Bartholomew, J.)  ·  quotes the provision
    * //“…%%xecution, upon complying with the requirements of the statutes, and also provided that a-partnership firm could claim one exemption of $1,500 out of the partnership property. Such was the law at the time of the adoption of our constitution, which provided, in § 208 thereof as follows: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, the value of which shall%%…”//

== Conveyance and encumbrance of the homestead ==

  * Acklin et ux. v. First Nat. Bank of Mott, [[https://www.courtlistener.com/opinion/3934412/acklin-v-first-national-bank/|1934 ND 30]] (1934, Moellring, J.)  ·  quotes the provision
    * //“…%%ary 3, 1923, also provides, in the second paragraph of said section, that a mortgage must be "executed and acknowledged by both husband and wife," to incumber a homestead. These sections of our law were enacted to carry into effect the mandatory provisions of section 208 of the state Constitution, which provides: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of families a homestead, t%%…”//
  * First Nat. Bank of New Rockford v. Hallquist, [[https://www.courtlistener.com/opinion/6851111/first-national-bank-v-hallquist/|1921 ND 82]] (1921, Birdzell, J.)  ·  construes, quotes the provision
    * //“…%%al., 15 N. D. 627, 110 N. W. 81, this court, speaking through Judge Young, construed section 5608, C. L. 1913, which was section 5052, Rev. Codes 1905, and section 3608, Rev. Codes, 1899, and there used the following language: "The Constitution of this state (section 208) charged the Legislature with the duty of protecting the homestead by suitable laws. One of the means adopted by the Legislature for accomplishing this end, and it is common to many states, is the requirement that a con%%…”//
  * Sexton v. Sutherland, [[https://www.courtlistener.com/opinion/6850649/sexton-v-sutherland/|1919 ND 158]] (1919, Birdzell, J.)  ·  construes, quotes the provision
    * //“…%%upied as the homestead. For the foregoing reasons, our conclusion is that the action in question was barred by section 5610, Compiled Laws of 1913. Judgment affirmed. CHRISTIANSON, C. J., and ROBINSON and BRONSON, JJ., concur. GRACE, J. (dissenting). Section 208 of the Constitution of the state of North Dakota provides: "The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws, exempting from forced sale to all heads of familie%%…”//

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