North Dakota Law

Updates from the University of North Dakota School of Law.

Professor Oyewunmi recently presented at the National Association of Royalty Owners (NARO) North Dakota Chapter annual convention

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. Professor Oyewunmi presented his paper, Ownership & Utilization of Subsurface Pore Spaces in North Dakota: A Comment On Recent Legal Developments at the annual convention of the North Dakota Association of Mineral Owners (NARO).

Read The paper