Blog
North Dakota Energy Bill Criticized as ‘Flat-Out Taking’ of Private Property Rights
Senate Bill 2344 follows a study that found it may be economically viable to temporarily store natural gas underground as an alternative to flaring. We’re representing landowners that could be affected by this new legislation. This article contains several quotes from Derrick Braaten that outline the challenges this bill presents. Read the full story here.
Mineral Owners Successful in Claim Against Statoil; Ruling Underscores Important Takeaways for Lease Language
We are thrilled for our clients that we successfully resolved a North Dakota Supreme Court appeal of a case interpreting an oil and gas lease’s termination provisions in our clients’ favor. See Johnson v. Statoil Oil & Gas LP et al., 2018 ND 227. While we are pleased with the result, the case also carries … 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
A Principled Stand
I have the great fortune of spending my days fighting for landowners, many of whom have decided to take a principled stand, usually against a powerful energy company. While many of these fights certainly feel like David battling Goliath, I am often reminded of the words of Atticus Finch in To Kill a Mockingbird: “There … Read More
Crop Insurance Arbitration
In light of what appears to be an overwhelming number of crop insurance denials the past few years, I decided information about the arbitration process might be helpful. Your crop insurance policy requires that any disputes about a denial be handled through mediation or arbitration. In our experience, arbitration is the better route. If your … Read More
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