North Dakota’s long battle over pore space rights reached turning point yesterday after district court Judge Anthony Swain Benson ruled that the state’s pore space statute is unconstitutional and struck down the statute. The law allowed companies to store carbon dioxide beneath private land without asking for permission or providing compensation. Our client, Northwest Landowners Association, challenged the statute and the court agreed with them.
North Dakota woke up this morning to discover that one of its most aggressive land grabs didn’t just hit a legal speed bump — it hit a brick wall, courtesy of a district court judge who still remembers what the Constitution says.
This decision exposes how many public resources were spent defending a system that violated basic property rights. Read more here.
Read the order here: NWLA Order Granting Summary Judgment