In 2012, North Dakota surpassed every state except Texas in oil production. It is common knowledge that the oil boom has flooded the state with money and allowed it to maintain impressive budget surpluses while other states in the nation saw distinct budget shortfalls. There are, however, many negative impacts of the oil boom: farmers and ranchers dealing with the impacts of energy development are often frustrated by a distinct disparity between the talk of money flooding into the state, and what is perceived as a confusing parsimony when it comes to compensating landowners for land that is taken or damaged by the energy industry.
This Article will provide background information regarding environmental damage caused by energy development, and will consider the remedies available in North Dakota for landowners, with comparisons to certain trends and remedies around the country. Further, it will argue that the remedies generally available are in need of reconsideration, and that legal interpretations asserted by the energy industry are often erroneous, and more importantly, unnecessarily attempt to limit the recovery of landowners whose land has been taken or damaged for energy development. The Article will focus on North Dakota law and cases, and the author’s experience litigating on behalf of landowners in North Dakota.