It’s time once again for our Annual Year In Review interviews! Last March 2020, Josh Swanson, Vogel Law, gives an update on the Wilkinson vs. Board of University and School Lands involving mineral rights and payments in the Bakken and Lake Sakakawea. Swanson reiterates how the mineral owners have won court cases in the past, yet the state continues to appeal and argue.
“…they’re showing poor leadership by taking this thing to a conclusion where the ultimate outcome is inescapable. This state does not and can not as a matter of law on these minerals but they continue to put private mineral owners and operators through this. So at one point you would think there would be someone in an office in the Capitol somewhere saying enough is enough.
How did it ever get to this point? But they’ve doubled down and they’ve tripled down and they’ve quadrupled down and we’re to the point where we’re going back to the Supreme Court for a second time on this when the Supreme Court was clear in its first decision as to the takings issue, I think in the application of the statute.
so we’ll see how it plays out and if it sounds like there’s a lot of frustration and my voice you know there there is I have clients that have lived with this for a decade I have had clients who have died, who have died, without being able to enjoy the minerals and the proceeds from the minerals that are rightfully theirs. And as much as I love making money and being a lawyer I’ve got clients that are paying me to argue the same position where I know we’re right. I know that the law says the state cannot take their minerals, but here we are going on a decade where the state of North Dakota refuses to drop their claim to the minerals…”
Swanson explains how this case has created the potential for inner-state lawsuits, in that the one department board of governance will sue another department’s board despite the Governor and the Attorney General sitting on both boards.
Swanson also talks about other areas of his law practice he is seeing activity in the oil and gas sector. He cites contact breaches and disputes as well as collections as areas he is seeing increased interest.
The interview shifts gears completely and talks about Swanson’s North Dakota State Bison radio show and podcast.
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