Pore Space Protection in Law Leads to Lawsuit over Takings. Bill Draft Writing 101.

Where: North Dakota

What is pore space? The hollow underground space in rock formations

Who sued? Northwest Landowners Association

Why did they sue? The only property rights protections for pore space in statute were contractual and that made the taking of pore space, without a contract for compensation, a taking without just compensation

The proposed legislative solution: permit  compensation for pore space used for saltwater disposal or enhanced oil recovery, unless the land owners have an existing contract

San Francisco Chronicle | Group sues North Dakota over ‘pore space’ law

Albany Times Union | Group sues North Dakota over ‘pore space’ law

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