Mineral Rights Owners Lose Takings Challenge to North Dakota Law

North Dakota mineral rights owners failed to revive their suit alleging the state engaged in an unconstitutional taking when it claimed title to oil and gas interests based on a 2017 state statute that clarified the state’s land rights along the Missouri River.

The case, now before the US Court of Appeals for the Eighth Circuit, stems from the federal government’s 1957 acquisition of more than 275 acres of surface property through a warranty deed with the US under the Flood Control Act of 1944 from predecessors of the plaintiffs, EEE Minerals LLC and Suzanne Vohs, the trustee for the ...