Category: Property Law, Land Use, and Zoning
NWLA filed amicus curiae (“friend of the court”) brief to support Landowners defending land from Summit Carbon Solutions
Our client, Northwest Landowners Association, filed an amicus curiae (“friend of the court”) brief to support landowners who are defending their land from Summit Carbon Solutions and an unconstitutional taking of private property. As we said to the Supreme Court of North Dakota in our brief: “Property rights are necessary to preserve freedom, for property … Read More
Bills Protecting Landowners Failed In Senate
KX News ran a recent story about 2 legislative bills aimed to protect landowners. Both bills failed and are done for the current session.
Northwest Landowners Association WINS Lawsuit against State of ND and Continental Resources, Inc. over Unconstitutional Taking of Private Property
Northwest Landowners Association (NWLA) filed a Complaint in state district court asking the court to declare Senate Bill 2344 an unconstitutional taking of private property. On January 21, 2021,the Northeast Judicial District Court issued its decision in favor of the Landowners, agreeing that it is an unconstitutional taking, and striking the law down in full. … Read More
Staying Informed About FERC Natural Gas Pipeline Proceedings If You Aren’t Given Formal Notice
According to the North Dakota Pipeline Authority, the state is home to almost 7,000 miles of transmission and distribution pipelines which support the “production, transportation, and utilization of North Dakota energy-related commodities.” If a pipeline, compressor station, or LNG facility is or will be involved in interstate transportation of natural gas, the Federal Energy Regulatory Commission (FERC) regulates that facility under Congressionally granted authority under the Natural Gas Act. As part of this authority, FERC approves siting and abandonment of facilities through … Read More
A Principled Stand
I have the great fortune of spending my days fighting for landowners, many of whom have decided to take a principled stand, usually against a powerful energy company. While many of these fights certainly feel like David battling Goliath, I am often reminded of the words of Atticus Finch in To Kill a Mockingbird: “There … Read More
Communicating with your Attorney
Several years back, I was fortunate enough to have a farmer invite me out to his place to show me around a bit. His goal was to help me understand some of the very significant, everyday impacts oil and gas development can have on a farmer or rancher out in northwestern North Dakota. Although I … Read More
Finding Middle Ground
Several years ago I spoke at the International Legislators Forum, which is an annual meeting of legislators from Manitoba, Minnesota, and North and South Dakota put on by the Consensus Council. The forum “provides an opportunity for delegates to share information, understand problems, build relationships, and develop collaborative agreements on a wide variety of issues….” … Read More
Herd Laws and the Open Range Doctrine: Livestock Owner Liability
In the days of the Wild West, disputes over trespassing livestock were likely resolved more often by a neighborly agreement, or perhaps by finding out who was the quicker draw. Since that time, a substantial body of law has developed regarding the liability of livestock owners when their cattle or other livestock cause damage to … Read More
Landowner Rights Related to Accessing Offsite Spacing Units
This post outlines the rights of a landowner in a situation where an oil company is drilling a well, and the well pad is outside of the spacing unit, or the pool of oil into which they are drilling. It is a complex issue to cover in this column, but I believe it is extremely … Read More
Our Land Is Not For Sale
I am usually careful to avoid sharing confidential information about my clients and cases, but this column will be an exception. I just finished a two-day trial in Williston, and with my client’s permission and blessing, I’m going to tell everyone the story of Wayne Hauge. Wayne came to me over a year ago, and … Read More