Donate now to help with costs incurred to fight against the Pore Space Bill.

Your generous donation is allowing the NWLA Board to proceed with legal action against the State of ND asking the Pore Space legislation be declared unconstitutional, void, and of no effect. Braaten Law Firm is the legal counsel and has agreed to discounted rates; however, many hours have been, and will continue to be spent working on this issue. Monetary donations are used not only for legal counsel, but also marketing materials, educational outreach, and travel costs for the NWLA volunteer board.

Thank you for your support!

Pore Space F.A.Q

What is Pore Space?
Pore Space is the very small cavity or void space within underground rock that is an estate in land.

Why should a neighbor get to dictate what happens on another landowner’s property?
They should not. But it is important to understand that when one person uses his land, it can affect how his neighbor uses her land. For example, if someone in town decided to turn their front yard into a garbage dump, obviously the neighbors would object because their property values would go down, and they would not be able to enjoy their own property. The point is that there is always a point where a person’s use of their own property affects other peoples’ uses of their property. In this situation, if a landowner has a disposal well, and their neighbor is prevented from using their own pore space because it is being used by their neighbor, that is a trespass the same as it would be a trespass for your neighbor to park a car on your lawn. That said, other states have addressed the issue of subsurface migration through spacing and pooling concepts, and even in North Dakota, these concepts are applied to create units for sequestration of CO2. No one is arguing that a landowner with a contract should not get paid according to that contract, and no matter what a neighbor claims, a contract is a contract.

Why is this legislation an unconstitutional taking?
“Senate Bill 2344 is unconstitutional under the Fifth and Fourteenth Amendments of the United States Constitution, and under the Constitution of North Dakota, Article I, §§ 9 (open courts), 12 (due process), 16 (unconstitutional taking), and 21 & 22 (equal protection); and Article 10, § 18 (gift clause).”

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Pore Space Lawsuit gaining traction in the news

San Francisco Chronicle – Group sues North Dakota over ‘pore space’ law

Bismarck Tribune Editorial board – Landowners right in pore space lawsuit
“The Tribune editorial board hopes the Northwest Landowners Association wins its lawsuit over “pore space.” We believe the Legislature in an effort to clarify issues surrounding pore space did an injustice to landowners. “

We have a scrappy organization with limited resources and a board of dedicated landowners; plus the constitution is on our side!

Listen to Derrick Braaten, NWLA Attorney, talk about how we have the constitution on our side HERE.

Pore Space Lawsuit – Filed July 29, 2019

Today, July 24, Northwest Landowners Association Chairman, Troy Coons, will be live at the North Dakota State Fair. Please stop by the Dakota stage at 10:20AM (West of commercial building 3, by NDSU crop plots) and visit the Scott Hennen show or tune in to the radio. 1100AM
We encourage everyone to call in and ask questions about private property rights!

Show Website:
Show Phone Number: 
701-258-0550 or 1-800-228-0550

Northwest Landowners Association represents over 525 farmers, ranchers, and property owners in North Dakota, and is a nonprofit organization.

Even with a much smaller membership than most organizations represented in Bismarck; NWLA is making a huge impact. We need to move forward to address a number of issues impacting landowners; with the most pressing issue being centered around SB 2344. This Bill was signed by Governor Burgum on April 18 and now the looming question is, “How can we stop this?” The NWLA Board of Directors is working diligently to be thoughtful in the way we approach the uncharted territory of potential referendum and lawsuit.  This law is a bald face taking of property rights and will have many unintended consequences if not addressed. Now is when we call upon the landowners of North Dakota to step up and protect your rights. We need you to make your voice heard!

There are several ways you can get involved. The first option is to become a member of Northwest Landowners Association; where 50% of dues are used towards legislative efforts. The second option is to make a donation to Northwest Landowners Association for legislative efforts. These funds will be used towards advertising campaigns, marketing, and legal costs to fight against SB 2344 to protect the property rights of ND farmers and ranchers. We have already negotiated discounted rates with several law firms who are ready to continue the fight to protect property rights; and we need your support now more than ever.

Monetary donations can be mailed to the above address or made through the PayPal button above.

Thank you for your support!

Northwest Landowners Association Executive Board of Directors

Troy Coons, Chairman


Dave King, Vice Chairman


Galen Peterson, Secretary


Bob Grant, Treasurer


3 comments on “Pore Space Bill

  1. David Lee on

    I believe the US Supreme Court recently improved our chances by holding in Knick v. Township of Scott, that the owner of a farm with several graves on it could sue the township for an unconstitutional taking of private property, when the township adopted an ordinance requiring anyone with a cemetery on their land to open it to the public during the day without paying the owner for it.


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We want to hear from you! Your voice and your land matter. Talk to us so we can prepare and pass legislation that will create the most positive impact.



We want to hear from you! Your voice and your land matter. Talk to us so we can prepare and pass legislation that will create the most positive impact.