Torgelson v. . Real Property Known as 17138 880th Ave., Renville County

GILDEA, Justice

(concurring).

I join in the majority’s conclusion to affirm the court of appeals, but I write separately because I believe that we should resolve this case without reaching the constitutional question the majority decides. Respondents argue that Minnesota’s forfeiture statute, Minn.Stat. § 609.5311, subd. 2 (2006), is unconstitutional because it allows their homestead property to be subject to forfeiture. Under the constitution, “[a] reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability.” Minn.Const. art I, § 12. The constitution leaves it to the Minnesota Legislature to determine “[t]he amount of such exemption.” Id. There are two statutes that relate to the exemption amount in this case: the homestead exemption statute, Minn.Stat. § 510.01 (2006), and the forfeiture statute, § 609.5311, subd. 2. We generally avoid reaching constitutional questions “if there is another basis on which a case can be decided.” State v. Bourke, 718 N.W.2d 922, 926 (Minn.2006) (internal quotation omitted). Following our general practice, I would resolve this case based on the language of the two statutes, rather than reaching the constitutional question.

In the homestead exemption statute, the legislature provides for property up to a certain value and size to be “exempt from seizure * * * under legal process on account of any debt not lawfully charged thereon * * Minn.Stat. § 510.01.1 In *30the forfeiture statute, there is no limit on the value of property subject to forfeiture. Minn.Stat. § 609.5311, subd. 2(a) (“All property, real and personal, that has been used [in connection with controlled substances crimes] is subject to forfeiture under this section * * *.”).2 The statutes thus conflict.

The legislature has directed that when two statutes conflict, the more specific provision controls over the general. Minn. Stat. § 645.26, subd. 1 (2006) (“When a general provision in a law is in conflict with a special provision in * * * another law, * * * the special provision shall prevail and shall be construed as an exception to the general provision * * *.”). The homestead exemption statute is more specific because it relates to a specific type of property, the homestead, whereas the forfeiture statute applies to all types of property. Compare Minn.Stat. § 510.01 with Minn.Stat. § 609.5311, subd. 2(a). Being the more specific statute, the homestead exemption statute therefore controls.3 Because the government seeks to forfeit property that falls within the statutory exemption of Minn.Stat. § 510.01, I would hold that the forfeiture should have been denied.

. The Counties argue that the homestead exemption statute does not apply here because forfeiture does not involve seizure "on account of any debt.” Minn.Stat. § 510.01. But *30we have broadly construed provisions of the homestead exemption statute so as “to protect the person claiming” the exemption “as against those asserting the right to reach his assets in satisfaction of a claim.” Denzer v. Prendergast, 267 Minn. 212, 216, 126 N.W.2d 440, 443 (1964) (construing phrase "owned and occupied” in exemption statute in favor of one who owned a remainder interest in the property at issue); see also Ryan v. Colburn, 185 Minn. 347, 350, 241 N.W. 388, 389 (1932) ("The homestead law is to be liberally construed.”). Given the broad construction of the statute dictated by our precedent, it seems to me that seizing property because it has been used in connection with criminal activity can fairly be said to constitute seizure "on account of any debt.” Minn.Stat. § 510.01 (emphasis added). In my view, it is a much closer question whether forfeiture is "seizure * * * for the payment of any debt or liability” as required by the constitutional provision. Minn. Const. art. I, § 12 (emphasis added). But, as explained above, I do not believe we should reach that issue here.

. There are exceptions in the forfeiture statute, but none is relevant to resolution of this case. See Minn.Stat. § 609.5311, subd. 3.

. The forfeiture statute was first. enacted in 1988, Act of Apr. 26, 1988, ch. 665, § 11, 1988 Minn. Laws 941, 946, long after the homestead exemption, Act of Mar. 12, 1858, ch. 35, § 1, 1858 Minn. Laws 89, 89, which dates to the beginnings of our state. Section 645.26, subdivision 1 provides that if the general provision is enacted after the specific provision "and it shall be the manifest intention of the legislature that such general provision shall prevail,” the general provision controls. Minn.Stat. § 645.26, subd. 1. But the legislature gave no indication in the forfeiture statute that it intended the general forfeiture statute to prevail over the more specific homestead exemption. I therefore would apply the default rule that the more specific statute controls over the general.