Northwest Landowners' 2024 Conference: Advocating Rights and Legal Insights in Bismarck

The conference featured a robust lineup of speakers, including Mark Miller, former Chief of Staff to South Dakota Governor Kristi Noem. Miller shared insights into the complexities of land management and the role of federal officials, emphasizing the importance of understanding and navigating legal frameworks to achieve success.

North Dakota attorney and General Counsel for the Northwest Landowners, Derrick Braaten, delved into the nuances of takings and pore space litigation. His discussion highlighted the intricate balance between state and federal constitutional rights, underscoring the significance of legislative measures in these areas.

Adding to the depth of the conference, Karen Budd-Falen, who previously served in the Trump Administration's Department of the Interior as Deputy Solicitor for Wildlife and Parks, spoke eloquently about the fundamental nature of "rights." Her perspective reinforced the idea that rights are inherent and must be recognized and protected.

On the final day, former Congressman Steve King of Iowa offered his reflections on the conference and the current state of affairs in North Dakota. King's insights provided a broader context to the discussions, connecting them to larger national movements and trends.

Since its formation in 2010, the Northwest Landowners Association has grown to include members from over 20 states, a testament to its increasingly pivotal role in advocating for landowner rights across America. This conference, by bringing together influential voices and experts, underscored the association's commitment to safeguarding these rights and fostering a deeper understanding of the constitutional principles that underpin them.

More on North Dakota land management:

North Dakota presents a unique case in terms of land use and litigation, especially concerning the nuances of takings and pore space rights. This discussion is highly relevant to landowners, energy companies, and legal professionals in the state, where oil and gas extraction activities are significant.

Takings in the Context of North Dakota

"Takings" refers to the government's right to expropriate private property for public use, provided that fair compensation is paid to the property owner. This is enshrined in the Fifth Amendment of the U.S. Constitution and is applicable to state governments through the Fourteenth Amendment. In North Dakota, takings can become a contentious issue due to the state's substantial natural resources, particularly in the context of oil and gas development and infrastructure projects such as pipelines.

Pore Space Litigation

Pore space refers to the voids within a rock or soil where fluids or gases can be stored. This is particularly relevant in North Dakota for two main reasons: carbon capture and sequestration (CCS) and hydraulic fracturing (fracking). Pore space ownership and rights become crucial when discussing the storage of CO2, wastewater disposal, or the extraction of oil and gas using fracking techniques.

In recent years, North Dakota has faced litigation and legislative action over pore space rights. These legal battles often revolve around whether landowners or the state/oil and gas companies have the rights to these spaces, especially when they are used for activities like CO2 sequestration or wastewater injection, which are essential to the state's oil and gas industry.

Legislative and Legal Developments

North Dakota has seen legislative efforts aimed at clarifying or altering pore space rights and compensation. For example, legislation has been proposed and sometimes passed to address how landowners are compensated for the use of their pore space, particularly in relation to carbon capture projects or oil and gas production activities.

Litigation in the state has often focused on challenging these laws or disputing the rights of landowners versus those of the state or oil and gas companies. The core of these disputes can include constitutional takings claims, where landowners argue that their property (the pore space) is being taken for public use without just compensation.