In The News
The Land of 10,000 Potholes, Part II
I advised in another post that if a farmer is unsure of whether standing water in a field is a “wetland”, then he or she should call NRCS and ask them to conduct a certified wetland designation. As one gentlemen pointed out (and with whom I agree), NRCS often errs on the side of caution … Read More
The Land of 10,000 Potholes
It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year there is nothing little about the moisture in North Dakota’s fields. Along with this rain that just won’t quit, farmers are seeing a lot of new standing water on their fields. What may come as a surprise … Read More
Fighting the Man: The Processes for Challenging Government Agency Determinations
Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and Risk Management Agency (RMA) are all federal government agencies with which farmers and ranchers are very familiar. My guess is that many of you have received, or will receive, letters from some of these agencies that you disagree with. For example, a letter telling you … Read More
Financial Eligibility Requirements and Attorneys’ Fees Awards
Most farmers have probably received federal farm program payments, and possibly, program payment denials over the years. I wrote a different blog post titled “Fighting the Man” in which I outlined the process for challenging such denials through the USDA’s National Appeals Division, and eventually up to the federal district courts. This process applies … Read More
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