ND Supreme Court Sides with Bakken Mineral Owners over State

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The Crude Life
The Crude Life
ND Supreme Court Sides with Bakken Mineral Owners over State
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Josh Swanson, Vogel Law Firm, talks about the recent victory in court for his clients, who fought the state of North Dakota over mineral rights for over eight years.

Swanson explains how the Wilkinson family owned the minerals prior to the Garrison Dam, which was built in the mid-20th century. The dam flooded land along the river upstream to create Lake Sakakawea.

According to Swanson, someone within the walls of North Dakota government, at sometime about ten years ago, decided the state owned the minerals under Lake Sakakawea. However, during the due diligence and exploration process, Swanson said no one ever found out who did it or how they did, only that it happened.

The interview also dives into whether this court ruling will open up new opportunities for other mineral owners to sue the state. Swanson seemed very confident there would be more litigation coming against the state due to this court case.

When asked about timelines and money trails, Swanson said there is a time frame now for repayment and the potential for another lawsuit. The decade of ligation put a pause on the distribution of those mineral monies and family members passed, graduated college and other major life milestones.

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