25.0370.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Koppelman, Grueneich, Hendrix, Kasper, Motschenbacher, Satrom, Wolff
Senators Boehm, Castaneda
A BILL for an Act to create and enact a new section to chapter 57-28, relating to the priority of
liens; to amend and reenact sections 47-18-01, 47-18-04, 47-18-18, and 57-28-03 of the North
Dakota Century Code, relating to the homestead exemption, declaration of a homestead, and
the contents of a tax lien.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 47-18-01 of the North Dakota Century Code is
amended and reenacted as follows:
47-18-01. Homestead exemption - Area and value.
1.The homestead of anyan individual, whether married or unmarried, residing in this
state consists of the land uponon which the claimant resides, and the dwelling house
on that land in which the homestead claimant resides, with all its appurtenances, and
all other improvements on the land, the. The total value of the homestead may not to
exceed one hundred fifty thousand dollars in value, over and above liens or
encumbrances or both, unless the claim arises from property taxes or special
assessments accruing and levied on the homestead, then the homestead is equal to
the total value of the homestead.
2.The homestead shall beis exempt from judgment lien and from execution or forced
sale, except as otherwise provided in this chapter.
3.The homestead may not embrace different lots or tracts of land unless the lots or
tracts of land are contiguous. For purposes of this section, "contiguous" means two or
more tracts of real property which share a common point or which would share a
common point but for an intervening road or right of way.
SECTION 2. AMENDMENT. Section 47-18-04 of the North Dakota Century Code is
amended and reenacted as follows:
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HOUSE BILL NO. 1343
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47-18-04. When homestead subject to execution.
A homestead is subject to execution or forced sale in satisfaction of judgments obtained in
the following cases:
1.On debts secured by mechanics', construction, or laborers' liens for work or labor done
or performed or material furnished exclusively for the improvement of the same.
2.On debts secured by mortgage on the premises executed and acknowledged by both
husband and wife, or an unmarried claimant.
3.On debts created for the purchase thereof and for all taxes accruing and levied
thereonof the homestead.
4.On all other debts, excluding property taxes and special assessments accruing and
levied on the homestead, when, upon an appraisal as provided by section 47-18-06, it
appears that the value of the homestead is more than one hundred fifty thousand
dollars over and above liens or encumbrances on the homestead, and then only to the
extent of any value in excess of the sum total of the liens and encumbrances plus said
one hundred fifty thousand dollars.
SECTION 3. AMENDMENT. Section 47-18-18 of the North Dakota Century Code is
amended and reenacted as follows:
47-18-18. Declaration of homestead - How executed and acknowledged.
1.In order to select a homestead the:
a.The claimant shall execute and acknowledge, in the same manner as a grant of
real property is acknowledged, a declaration of homestead, and file the
declaration for record.
b.A claim of a homestead by a debtor who received a discharge is a declaration of
homestead.
c.Filing for record in the recorder's office of the county where the homestead is
located a certified copy with the legal description of the discharge constitutes
notice that the property is a homestead and exempt from judgments.
2.A declaration executed under this section is executed under penalty of perjury.
SECTION 4. AMENDMENT. Section 57-28-03 of the North Dakota Century Code is
amended and reenacted as follows:
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57-28-03. Contents of notice of tax lien.
Notice of foreclosure of tax lien must include:
1.The description of the property.
2.The amount of delinquent property taxes and special assessments, with penalties,
interest, and foreclosure costs, for the tax year foreclosed.
3.The total amount required to satisfy the property tax lien.
4.The time when the foreclosure will occur.
5.Information related to the homestead exemption in chapter 47 - 18, including the
process to claim a property as a homestead.
SECTION 5. A new section to chapter 57-28 of the North Dakota Century Code is created
and enacted as follows:
Lien priority.
A lien for unpaid property taxes or special assessments under this chapter has priority over
any judgment, mortgage, or other lien or claim entered against the real property except for liens
under section 35-34-02.1. A lien for property taxes has priority over a lien for special
assessments.
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