North Dakota landowners, oil industry butt heads over holes in the ground
Subterranean caverns known as “pore space” are as old as geology itself, but they have lately emerged as the scene of a turf war between a small landowners group and the North Dakota oil industry, which sees the underground chambers as outlets to reduce the state’s climate footprint and unlock lucrative new business opportunities. Written By: Adam Willis | ×
The North Dakota oil industry and a small landowners group are at odds over the use of subterranean cavities known as “pore space.” Forum News Service file photo
BISMARCK Arguments over a proposal to regulate payments for the use of holes in the ground pitted North Dakota landowners against the state’s oil and gas industry this legislative session and could foreshadow lawsuits down the line.
Gas storage bill heads to governor
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Underground gas storage bill draws support from ethane project, concerns from landowners
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Judge Strikes Down North Dakota ‘Pore Space’ Law Backed by Oil, Gas Group January 26, 2021
A judge has struck down a North Dakota’s law that landowners say takes away their property rights.
The so-called pore space law passed the Legislature in 2019 after supporters sought clarification on the use of cavities in rock or soil. Pore spaces are used when the petroleum industry injects saltwater from oil and gas production underground for permanent storage or for enhanced oil recovery.
Northeast District Judge Anthony Benson ruled the law unconstitutional because it gives the landowners’ value from pore space to the oil and gas industry for free.
In a win for landowners, North Dakota judge deems pore space law unconstitutional
Handing a victory to the Northwest Landowners Association over the state and the titan oil company Continental Resources, Judge Anthony Benson wrote that he had no choice in the matter since the law amounted to an unconstitutional taking of an inherent, inalienable property right. Written By: Adam Willis | ×
Attorney Derrick Braaten represents the Northwest Landowners Association. The group sued over the North Dakota law addressing the use of underground cavities and rock formations. Tom Stromme / Bismarck Tribune
BISMARCK A judge on Thursday, Jan. 21, struck down a North Dakota law that prevented landowners from receiving compensation for the use of underground cavities and rock formations on their property.