Category: Eminent Domain and Condemnation
ND regulators approve pipeline upgrade, new gas plant
Attorney Derrick Braaten was recently quoted in an article about the Cenex pipeline. Braaten Law Firm represents a group of landowners who intervened in the ND PSC proceedings, and who are seeking to negotiate voluntary easements with the company. See the full article here.
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
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
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
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
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
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