Professor Tade Oyewunmi’s article published in the Natural Resources Law Insights December Newsletter
Ownership and Utilization of Subsurface Pore Spaces in North Dakota – A Comment on Recent Legal Developments
Tade Oyewunmi, LLD | University of North Dakota School of Law
In 2019, the North Dakota Legislative Assembly enacted SB 2344 to clarify ownership and use of pore space. The law essentially authorizes mineral estate holders to utilize pore space without compensation to the surface owner. In its recent 2022 decision in Northwest Landowners Association v. State, the North Dakota Supreme Court invalidated certain provisions of the law as unconstitutional “takings” of surface owners’ property rights.
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