In news welcome to oil and gas operators, the North Dakota Supreme Court issued its decision in Vic Christensen Mineral Trust v. Enerplus Resources (USA) Corp., 2022 ND 8.
Jason R.S. Cassady
“I efficiently provide my clients with complete information, cost-effective solutions and the practical advice needed to make educated business risk decisions.”
Jason has significant title, survey, and real estate experience, including the preparation of acquisition, drilling, division order, and mortgage title opinions covering fee, state, Indian, and federal lands.
Jason has prepared thousands of title opinions in more than two decades of practicing law. These opinions have included many complex issues related to subdivided portions of incorporated cities and unincorporated townsites, railroad right-of-ways, navigable rivers, and Lake Sakakawea. In addition to preparing title opinions, Jason has reviewed title commitments, surveys and other title due diligence materials for energy and corporate clients in a variety of transactional matters. His real estate practice includes assisting clients with title, survey, and other due diligence matters associated with oil and gas exploration, renewable energy development, and acquisitions and sales by private equity funds and their portfolio companies.
Jason has experience representing clients in Iowa in all facets of real estate transactions and disputes including title opinions, purchase agreements, leases, easements, foreclosures, mechanics liens and subdivision of property. Prior to joining Fredrikson & Byron, Jason practiced law for six years in the Des Moines area as a general practitioner, with a focus on real estate law.
- Prepared oil and gas title opinions including original townsites, various metes and bounds outlots, platted subdivisions, numerous railroad mains and spur lines, and other township, municipal and county-related matters in North Dakota.
- Prepared oil and gas title opinions including the Yellowstone River and opinions including the Missouri River, both where it remains a free-flowing river and where it is now part of the Garrison Dam reservoir (Lake Sakakawea) in North Dakota.
- Prepared oil and gas title opinions including significant ownership interests contained within secondary recovery/enhanced recovery units in North Dakota.
- Prepared thousands of title opinions for residential, agricultural and commercial properties.
- Reviewed title commitments, surveys, leases, and other related due diligence documentation for energy and corporate transactions.
- Represented individual and corporate clients in all areas of real estate transactions and disputes.
Articles & Presentations
August 19, 2021
Following a study by the University of North Dakota’s Energy & Environmental Research Center, the North Dakota legislature recently adopted a new law for underground storage of produced oil or gas.
October 28, 2020
Designed to prevent ownership of land from being controlled forever (or in perpetuity), the Rule Against Perpetuities provides that a contingent interest must vest within 21 years of a life in being. This definition includes many words that need to be defined for full context.
August 25, 2020
Revenue held in suspense due to ambiguities related to the location of the ordinary high water mark below Lake Sakakawea will be required to be released from suspense by December 24, 2020, or June 24, 2022, depending upon location of the lands.
North Dakota Supreme Court Issues Decision Regarding Ownership of Minerals Beneath Railroad Rights of Way
July 23, 2015
The North Dakota Supreme Court issued its decision in EOG Resources, Inc. v. Soo Line Railroad Company, 2015 ND 187 on July 15, 2015. Prior to the issuance of this decision, most attorneys examining title to lands in North Dakota took one of two contrary positions relating to the ownership of the minerals beneath railroad rights of way which were evidenced by “Right of Way Deeds” or other similar instruments conveying strips of land to a railway company. Some attorneys treated these deeds as creating easements only, following the legal theory that because the railroad could have condemned the strip of land as an easement, it could have only obtained from the fee owner by a conveyance what it would have obtained by way of a condemnation. This position followed the logic outlined in Lalim v. Williams County, 105 N.W.2d 339 (N.D. 1960). The second position taken by other attorneys was that Lalim did not apply, and that the plain language of the deeds resulted in a conveyance of full fee title. This position was often accompanied by the citation to State v. Rosenquist, 51 N.W.2d 767 (N.D. 1952).
Honors & Education
- Drake University, J.D., 2001, cum laude
- University of Iowa, B.A., 1998
- Iowa, 2001
- Minnesota, 2007
- North Dakota, 2008
- Wyoming, 2015
- The Foundation for Natural Resources and Energy Law (formerly Rocky Mountain Mineral Law Foundation)
- Iowa State Bar Association, Real Estate Section
- Hennepin County Bar Association
- Minnesota Bar Association, Real Property Section
- State Bar Association of North Dakota