Northwest Landowners Association WINS Lawsuit against State of North Dakota and Continental Resources, Inc. over Unconstitutional Taking of Private Property

Ad blocking detected

Thank you for visiting We have detected you cannot see ads being served on our site due to blocking. Unfortunately, due to the high cost of data, we cannot serve the requested page without the accompanied ads.

If you have installed ad-blocking software, please disable it (sometimes a complete uninstall is necessary). Private browsing Firefox users should be able to disable tracking protection while visiting our website. Visit Mozilla support for more information. If you do not believe you have any ad-blocking software on your browser, you may want to try another browser, computer or internet service provider. Alternatively, you may consider the following if you want an ad-free experience.

Canadian Insider Club
$299/ year*
Daily Morning INK newsletter
+3 months archive
Canadian Market INK weekly newsletter
+3 months archive
30 publication downloads per month from the PDF store
Top 20 Gold, Top 30 Energy, Top 40 Stock downloads from the PDF store
All benefits of basic registration
No 3rd party display ads

* Price is subject to applicable taxes.

Paid subscriptions and memberships are auto-renewing unless cancelled (easily done via the Account Settings Membership Status page after logging in). Once cancelled, a subscription or membership will terminate at the end of the current term.

Northwest Landowners Association WINS Lawsuit against State of North Dakota and Continental Resources, Inc. over Unconstitutional Taking of Private Property

Today, the real winners are the property owners of ND!

PR Newswire

BISMARCK, N.D., Jan. 22, 2021 /PRNewswire/ -- On January 21, 2021, the Northeast Judicial District Court issued its decision in favor of the Landowners, agreeing that it is an unconstitutional taking, and striking the law down in full. The Court explained in its opinion: "There is no choice in the matter. This is an unconstitutional taking of an inherent, inalienable property right…." The Court ruled that the law is also unconstitutional under the North Dakota Constitution because the taking is" for the improper purpose of economic development, by giving all value of those property rights to a private party, for a non-public purpose."

Northwest Landowners Association had filed a complaint July 29, 2019, in state district court asking the court to declare Senate Bill 2344 unconstitutional, void, and of no effect.  Specifically, the Association alleged the following:

  • "Prior to Senate Bill 2344, North Dakota's landowners had the exclusive right to possess and use the pore spare within their lands, as recognized by case law and prior statutes."
  • "Senate Bill 2344 strips landowners of their right to possess and use the pore space within their lands and allows the State of North Dakota to directly redistribute that right to others without the consent of or compensation to the landowners."
  • "In enacting Senate Bill 2344, the State of North Dakota attempts to give mineral developers free use of the landowner's pore space and remove any rights or remedies the surface owner has to object or demand compensation."
  • "Taking property from a private landowner in this manner, particularly without paying compensation, and then giving it to another private entity to use, is unconstitutional on several grounds."
  • "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)."
  • "The law is void as violative of both the United States Constitution and the Constitution of North Dakota."

Northwest Landowners Association has never been engaged in litigation, but as board member Patty Jensen said with respect to taking on the responsibility of challenging the constitutionality of Senate Bill 2344, "It's just the right thing to do."  They were represented by The Braaten Law Firm.

The Association was very active during the legislative session opposing Senate Bill 2344, as well as supporting numerous other bills related to landowner protections.  Northwest Landowners Association is leading the charge, but it is well known that landowners throughout the state are extremely upset over the unconstitutional taking embodied by Senate Bill 2344.

Contact Information
Troy Coons
Northwest Landowners Association
(701) 721-4258
[email protected]


Cision View original content to download multimedia:

SOURCE ND Northwest Landowners Association

Copyright CNW Group 2021

Comment On!

Upload limit is up to 1mb only
To post messages to your Socail Media account, you must first give authorization from the websites. Select the platform you wish to connect your account to (via Easy Blurb).