North Dakota Century Code

N.D. Cent. Code § 47-18-06 (2026)

Homestead - When appraised

✓ current as of May 2026
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When an execution for the enforcement of a judgment obtained in a case not within any of the classes specified under subsections 1, 2, or 3 of section 47-18-04 is levied upon the homestead, the judgment creditor may apply to the district court in the county in which such homestead is situated for the appointment of persons to appraise the value thereof.

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Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1968–2022 · leading case: Malloy v. Behrens, 2022 ND 43 (N.D. 2022).
Malloy v. Behrens, 2022 ND 43 (N.D. 2022). · cites it 10× “He claims a court can only grant a petition to appoint an appraiser under N.D.C.C. § 47-18-06 if an execution and levy is pending at the time the application for appraisal is made, and there was no execution or levy pending in this case when Malloy’s petition for appraisal was…”
Farstveet v. Rudolph, 2000 ND 189 (N.D. 2001). · cites it 4× “Under N.D.C.C. §§ 47-18-06 through 47-18-11, the judgment creditor may request a state district court to appoint appraisers to appraise the homestead, and the court upon notice and hearing may then appoint three disinterested appraisers who report back to the court with their…”
Mund v. Rambough, 432 N.W.2d 50 (N.D. 1988). · cites it 4× “On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than eighty thousand dollars over and above liens or encumbrances thereon, and then only to the extent of any value in excess of the sum total of such…”
Fed. Land Bank of Saint Paul v. Gefroh, 418 N.W.2d 602 (N.D. 1988). · cites it 2× “On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than eighty thousand dollars over and above liens or encumbrances thereon, and then only to the extent of any value in excess of the sum total of such…”
Malloy v. Behrens, 2022 ND 43 (N.D. 2022). · cites it 10× “He claims a court can only grant a petition to appoint an appraiser under N.D.C.C. § 47-18-06 if an execution and levy is pending at the time the application for appraisal is made, and there was no execution or levy pending in this case when Malloy’s petition for appraisal was…”
United States v. Olgeirson, 284 F. Supp. 655 (D.N.D. 1968). · cites it 2× “On all other debts when it appears that said homestead is within a town plat and, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than twenty-five thousand dollars over and above liens or encumbrances thereon, and then only…”
State ex rel. Bd. of Univ. & Sch. Lands v. Bladow, 462 N.W.2d 453 (N.D. 1990). · cites it 2× “On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than eighty thousand dollars over and above liens or encumbrances thereon, and then only to the extent of any value in excess of the sum total of such…”
State Ex Rel. Univ. & Sch. Lands v. Bladow, 462 N.W.2d 453 (N.D. 1990). · cites it 2× “On all other debts when, upon an appraisal as provided by section 47-18-06, it appears that the value of said homestead is more than eighty thousand dollars over and above liens or encumbrances thereon, and then only to the extent of any value in excess of the sum total of such…”
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