28-22-02. Absolute exemption.

353 words·~2 min read·/nd/title-28/chapter-28-22-exemptions/28-22-02·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The property mentioned in this section is absolutely exempt from all process, levy, or sale:

1. All family pictures.

2. A pew or other sitting in any house of worship.

3. A lot or lots in any burial ground.

4. One family Bible or other family primary religious text and all schoolbooks used by the

family and all other books used as a part of the family library.

5. All wearing apparel, not exceeding five thousand dollars in value, and all clothing of

the debtor and the debtor's family.

6. The in-kind provisions for the debtor and the debtor's family necessary for one year's

supply, either provided or growing, or both, and in-kind fuel necessary for heating the

debtor's home or operating the debtor's motor vehicle for one year.

7. The homestead as created, defined, and limited by law.

8. All crops and grain, both threshed and unthreshed, raised by the debtor on not to

exceed one hundred sixty acres [64.75 hectares] of land in one tract occupied by the

debtor, either as owner or tenant, as the debtor's home, but the provisions of this

subsection in no way affect seed, thresher, or landlord liens, and if the debtor takes

advantage of this subsection the debtor may not take any additional alternative

exemptions provided under this chapter.

9. All insurance benefits resulting from insurance covering any or all of the absolute

exemptions if the insurance benefits are in cash or have been invested in other

property capable of exemption under this chapter.

10. In lieu of the homestead, and subject to the same value limitations that exist with

respect to the homestead exemption, any housetrailer or mobile home occupied as a

residence by the debtor or the debtor's family, except that it is not exempt from

process, levy, or sale for taxes levied on it pursuant to chapter 57-55. This section

does not preclude the debtor from claiming a mobile home as a dwelling house as part

of the homestead. The exemption in this subsection is not available if the debtor has

chosen the exemption provided for under subsection 1 of section 28-22-03.1.