Author: derrickb

Derrick Receives Business Stewardship Award

Derrick was recently awarded the 2019 Business Stewardship Award from the North Dakota Chapter of the Soil and Water Conservation Society. The Business Stewardship Award is presented to recognize the efforts of a business to promote soil and water conservation even though their bottom line may be profit motivated. This effort may be done by … Read More

Inverse condemnation more rare to see than eminent domain cases

Derrick Braaten was recently quoted in an article regarding landowner rights related to the government’s power of eminent domain. See the article HERE. A related article regarding a recent landowner verdict in an inverse condemnation action against the City of Lincoln can be found HERE.

Dakota Access still owns Morton County ranch on pipeline route

Derrick Braaten was quoted recently in an article about the continued ownership of a ranch by Dakota Access. Braaten Law Firm is involved in a lawsuit brought by Farm Bureau to challenge the validity of North Dakota’s anti-corporate farming laws. The firm also represented a large group of landowners and successfully negotiated easements on their … Read More

The Accidental Partnership

A recent conversation on the listserv for the American Agricultural Law Association focused on what were called “accidental partnerships.”  Many people do not realize that a legal partnership can be formed merely by two peoples’ actions, even when they have a specific agreement between each other that they are not a partnership.  Because so many … Read More

Seed Labeling Laws and Warranties

Many states have passed laws requiring that agricultural seed, sold for planting purposes, be labeled in a particular way. The statutes generally list specific pieces of information that such labels must contain, although the details vary among the states. In North Dakota, the law can be found at N.D.C.C. §§ 4.1-53-12 and 13. According to … Read More

Farm Machinery Lemon Laws

Many states have passed specific laws for farmers who purchase machinery, and later find that the machinery does not conform to the express warranties offered by the manufacturer.  In North Dakota, the relevant chapter of the Century Code is titled “Farm Equipment Nonconformity Remedies,” and is found at N.D.C.C. ch. 51-26.  Other states in the … Read More