In The News

Easements, Eminent Domain, and Landowner Rights

Easements are a recurring issue for landowners and I regularly receive calls with a number of common questions.  As oil and gas gathering infrastructure catch up with the boom, landowners in the region will continue to receive requests for easements. If you receive an easement proposal, it is an important preliminary question whether the developer … Read More

Deleted Oil and Gas Division emails resurrected as troublesome issue

After reviewing about 38,700 emails of State Oil and Gas Division employees that were on their way to a permanent cyber dump grounds, a Bismarck attorney is calling for a policy to protect important information for the public. Derrick Braaten said it’s possible the division committed a Class C felony for destroying public records after … Read More

Seven long years: ND organic farmer wins USDA appeal

But Braaten says lawyers experienced with NRCS jargon and procedures can help. Sometimes farmers can get their lawyer fees paid through the Equal Access to Judgment Act. “Sometimes there isn’t a lot of money at stake and we can go through the file with the farmer and explain how we’d present the case,” he says. … Read More

Regulators consider first major pipeline since DAPL

Attorney Derrick Braaten quoted in story about new pipeline: Bismarck attorney Derrick Braaten, who represents about a handful of landowners along the proposed route, also petitioned to intervene in the case. The landowners want to make sure their interests are protected as they negotiate easements, with a focus on proper land reclamation, Braaten said. Regulators … Read More

Federal agency to review past flaring, could order royalties be paid

Attorney Derrick Braaten quoted in recent article regarding natural gas flaring, and legal actions intended to find a remedy for mineral owners. “Braaten said he still plans to pursue actions on behalf of royalty owners for flared gas.” “’Most of this flaring, there’s really no argument that the company owes royalties,’ Braaten said. ‘They’ve just … Read More

Eminent Domain Abuse

In any eminent domain proceeding, there is a question of what amount is “just compensation” for the property being taken.  In my experience, there can be significant differences in how developers arrive at a compensation offer.  There is a serious need for clarification and amendments to the law in North Dakota to address the appropriate … Read More

Attorney Derrick Braaten on Buffalo hog farm and petition for rehearing

Derrick Braaten and his clients, a group of concerned citizens from Buffalo who are opposing the establishment of a large hog operation there, says they’ve submitted a “petition for rehearing” to the North Dakota Supreme Court. The group is asking for a rehearing after being dissatisfied by the court’s recent opinion. In it, the court … Read More

Attorney Derrick Braaten on Buffalo hog farm Supreme Court decision

Derrick Braaten of Baumstark Braaten Law Partners represents a group of Buffalo, ND, landowners who are opposing  the establishment of a 9,000-hog concentrated animal feeding operation (CAFO) in their backyard. Last week, the North Dakota Supreme Court ruled in favor of the Minnesota-based Pipestone Holdings that will operate the facility. Braaten was arguing that the … Read More