Farm Bureau Seeks Intervention in Landowner Lawsuit
Pore Space plaintiffs becoming more of a hot topic in energy and carbon management.
The North Dakota Industrial Commission was informed this week that the North Dakota Farm Bureau has filed a petition to intervene as a plaintiff if the Northwest Landowners Association lawsuit challenging the constitutionality of the state's law governing the use of underground pore space.
The suit argues that amalgamation of pore space represents an unconstitutional taking of an individual's property.
NWLA also contends that a state law requiring "equitable" compensation for non-consenting pore space owners is not the same as a provision in the state constitution that states that "private property shall not be taken or damaged for public use without 'just' compensation."
In a statement provided to WDEA, Farm Bureau President Daryl Lies said NDFB believes no law should take away constitutional property rights and due process.
“The law being challenged in court has done that by moving away from due process and putting it into a bureaucratic decision-making process," Lies said. "The care and use of an individual's private property depends upon making these decisions unabridged from government laws, which overreach and inhibit such decisions.”
State law related to the underground storage of carbon dioxide provides for the amalgamation of property interests related to pore space. It requires consent of 60 percent of affected surface owners before a storage project can proceed, and authorizes the Industrial Commission to require the pore space of nonconsenting owners to be included in the storage facility.
Another section of law sets out 14 requirements that must be met before an underground storage project is approved. Among the conditions is that an applicant must make a good-faith effort to get consent of all landowners, as well as a requirement that "all nonconsenting pore space owners are or will be equitably compensated."
ND Governor Doug Burgum editorialized on behalf of others when he was informed of the NDFB's request to intervene in the lawsuit filed in late May.
"Wow," Burgum said, "because they don't want their members to get large checks for CO2 storage?"
Solicitor General Philip Axt said the state is opposing the late request because it will disrupt the schedule the court has set to hear the lawsuit.
Click here to see a ND Farm Bureau policy memorandum on landowner rights submitted as testimony during the 2023 legislative session.
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Glad to hear this!