The North Dakota legislature adopted a new law for underground storage of oil and gas in 2021. Our office has heard from many local landowners being approached by several different companies wanting to lease their pore space for various projects. Many people who signed standard leases when the oil boom hit western North Dakota came to regret their decision, wishing they had not taken initial offers which undervalued their royalties or impacted their land negatively and without adequate protection for the landowner. With carbon sequestration becoming a significant issue for many landowners, it’s important to understand what you’re signing, whether or not you’re receiving fair compensation, and how the lease could impact the land for many years to come.
Because pore space leases are a new issue for most North Dakotans, and because examples of landowner-friendly pore space leases are difficult to find due to the recency of the issue, please consider reviewing these leases before signing.
Please also consider reviewing this Academic Paper related to pore space issues.
These are being offered for informational purposes only and are not intended as legal advice.