The North Dakota Supreme Court recently addressed an issue of first impression related to the valuation point of oil for purposes of determining royalty due to a mineral owner.
Oil & Gas
Members of our team have served as directors on trade association boards and government regulatory agencies, giving them first-hand knowledge of critical energy issues. That experience allows us to provide practical, straightforward solutions to help clients meet their energy development objectives.
What We Do
Our Oil & Gas Group offers a comprehensive range of services to generation and transmission companies, independent oil and gas producers, major oil and gas producers, and oil and gas pipeline companies:
Our transactional work includes mergers, acquisitions, and divestitures of large energy assets, sale and purchase of oil and gas properties, title examination, project financing and refinancing, and complex exploration and farmout agreements.
We advise natural resource and energy companies on contractual matters and compliance with state and federal regulations. We frequently work with public, industrial commission, natural resources, and tax agencies to secure all required permits and licenses. We have extensive regulatory experience with the Bureau of Land Management, Bureau of Indian Affairs, and the U.S. Environmental Protection Agency.
We represent oil and gas exploration companies, drilling companies, oil field service companies, pipeline companies, and other businesses in state and federal litigation. Our attorneys also represent oil and gas companies in real estate and surface use disputes, as well as handle legal proceedings between operators and non-operators of oil and gas properties.
News & Articles
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).