Pore Space Constitutionality Case To Be Decided by Summary Judgment

Last week’s oral arguments in Bottineau county were related to the constitutionality of pore space law in North Dakota. Derrick argued on behalf of  the Northwest Landowners Association. During the arguments, the judge canceled September’s trial and announced that he will declare summary judgment.

The association believes delegating these powers to the North Dakota Industrial Commission is not only unconstitutional, but also unnecessary, because there already is a method by which private land can be acquired for public use – eminent domain.


“If it’s going to happen, there’s a process,” Braaten said. “It’s the only one the constitution allows.”


This would revoke the North Dakota Industrial Commission’s authority to amalgamate pore space on its own, forcing storage operators to go to the courts and use eminent domain to secure rights to pore space of nonconsenting landowners.


“We have a right to a jury trial to determine just compensation,” Braaten said.

Read more about the day in court here.

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