Document Type

Article

Publication Date

1-1-2017

Disciplines

Law | Legal History

Abstract

Homestead laws reflect value judgments which balance the free functioning of commercial enterprise and business transactions against a family's interests in shelter and a home. In South Dakota's history, this tension has been displayed in legislative enactments, judicial reasoning, and even statewide referendums. An examination of the significant events at two ends of this chronology reveals the expression of societal values in law and the dynamics of the pre-statehood origins of homestead laws in the context of competing policies and interests. This article proceeds by outlining the general purposes and sources for homestead laws, followed by a sketch of existing homestead laws under the contemporary statutory framework. Next, the history leading up to the enactment of constitutional homestead protections in South Dakota's 1889 Constitution is considered.

Publication Title

62 South Dakota Law Review 327

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