In The News
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
Forward and Production Contracts: Seller Beware
We’ve cautioned readers in the past to tread carefully when entering into grain purchase contracts because of the grain market’s entrance into the big business world. We continue that theme this week by addressing a couple issues that farmers should be aware of with regard to forward and production contracts; the “Act of God” clause … Read More
Elevator Insolvencies and Bankruptcy Proceedings
I recently received a call from a farmer regarding a grain elevator insolvency, and thought this would be a good time to review some of the laws related to elevator insolvencies. As Mikkel Pates pointed out in March, in the past few years we have seen several significant elevator insolvencies. Generally, grain buyers and public … 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
Uncommon Prosperity
Dr. Michael Duffy began a presentation at the American Agricultural Law Association annual conference with a quote from Neil Harl, who said, “farmers are the world’s best economic citizens; in the face of higher commodity prices, they increase production every time and drive down prices which destroys their own prosperity.” This quote may not … 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
What is pipeline fatigue?
There has been a lot of discussion in the past couple years about pipeline fatigue. I suggest to everyone, including the landowners in the oil patch, that there is no such thing as pipeline fatigue. But before you tell me I’m crazy, hear me out. Our firm filed a number of class actions a couple … Read More
Would Your Drain and Diversion Practices Hold Water?
The longstanding general principle with regard to drainage of surface waters is that neither the owner of the upper land nor the owner of the lower land may interfere with the natural drainage to the detriment of the other. This means, for example, that neither you nor your neighbor can divert the stream that floods … Read More