Category: Eminent Domain and Condemnation
Summit Project Raises Many Landowner Concerns
Derrick is quoted in a recent essay detailing the winding history of the Summit Carbon Solutions regional development plan. In this story by ESG University (Environmental Social Governance) Jason Speiss details his opinion that, “very few from North Dakota will benefit from this project, however they are the ones being forced to pay into it. All … Read More
Bills Protecting Landowners Failed In Senate
KX News ran a recent story about 2 legislative bills aimed to protect landowners. Both bills failed and are done for the current session.
Derrick Braaten Elected To Owners’ Counsel of America
Derrick was recently elected to join a prominent national organization of leading eminent domain attorneys, Owners’ Counsel of America. OCA is a broad network of dedicated lawyers working around the clock for landowners across the nation in all manner of takings cases. OCA was specifically founded to level the playing field in situations where … Read More
Staying Informed About FERC Natural Gas Pipeline Proceedings If You Aren’t Given Formal Notice
According to the North Dakota Pipeline Authority, the state is home to almost 7,000 miles of transmission and distribution pipelines which support the “production, transportation, and utilization of North Dakota energy-related commodities.” If a pipeline, compressor station, or LNG facility is or will be involved in interstate transportation of natural gas, the Federal Energy Regulatory Commission (FERC) regulates that facility under Congressionally granted authority under the Natural Gas Act. As part of this authority, FERC approves siting and abandonment of facilities through … Read More
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