Bismarck, ND — Great news for NWLA and North Dakota landowners! The North Dakota Supreme Court has ruled on NWLA’s challenge to numerous laws. Our primary claim, that NDCC 38-22, the pore space amalgamation laws forcing landowners into carbon sequestration projects without their consent are unconstitutional, has been cleared of any procedural roadblocks and we are going to get a decision on the merits from the district court.
We are very confident in our constitutional arguments. The members of NWLA have stood up for the rights of all landowners, and we could not be more proud of our members who have stood with us through these difficult challenges. We look forward to the courts digging into these constitutional claims and the vindication that would come with a decision in our favor for all landowners.
It is never our goal to use litigation, and we have devoted an incredible amount of our time and resources to trying to negotiate in good faith with industry and government for changes in the legislation. But when the political winds blow against landowners and our Constitution, we turn to the courts as our last line of defense against government overreach and abuse.
While our challenge to the gas storage laws at 38-25 and the precondemnation survey laws were dismissed, this was not totally unexpected. The Court already ruled on the precondemnation survey laws in the Malloy case so that issue was decided while this lawsuit was in progress. And the gas storage decision simply said NWLA does not have standing now because the law has not been used yet on its members, but that law will fall eventually if 38-22 does.
This is a proud day for NWLA once again, and we look forward to continuing to stand up for the landowners of North Dakota.
Contact Information
Troy Coons
Chairman, Northwest Landowners Association
(701) 721-4258
troy.coons22@gmail.com
Kurt Swenson
Board member, Northwest Landowners Association
(701) 220-9961
kurt.swenson.nd@gmail.com
Derrick Braaten
General legal counsel, Northwest Landowners Association
(701) 400-0162
Derrick@braatenlawfirm.com