Interview: Josh Swanson, Vogel Law Firm
Attorney Josh Swanson joins The Crude Life’s Jason Spiess to comment on the recent filing of a lawsuit by state Rep. Marvin Nelson, Paul Sorum, Michael Coachman, Charles Tuttle, Lisa Omlid regarding an ongoing dispute over the ownership of minerals under Lake Sakakawea, which the North Dakota Legislature attempted to clarify last year with Senate Bill 2134.
According to the lawsuit, the legislation is estimated to reduce state revenues by $205 million for 2017-19 through oil royalty, rent and bonus payments that will be returned or not collected. The lawsuit also claims the state owns all of the minerals under Lake Sakakawea and the legislation gives away the perpetual ownership of those minerals, worth $1.76 billion with the exact value to be proven at trial.
Furthermore, the state of North Dakota seeks to prevent the transfer of up to $2 billion in oil and gas mineral rights, challenging a recently enacted state law as unconstitutional.
All of this comes after the North Dakota Supreme Court found in favor of the landowners. Swanson and his clients thought this nightmare was over. However, it appears to be just the beginning of a new expensive court proceeding that will cost private citizens and the state a small fortune in legal fees.
Although the previous statement was speculation, it is with good cause. Because in a twist, the lawsuit was filed in Cass County District Court, even though the North Dakota Century Code states any property disputes must be filed in the county where the property is located. So at the very least, in order to move this lawsuit forward, the expense and time to move the case from eastern North Dakota’s largest city of Fargo to western North Dakota where the properties are located will have to be done.
Swanson cites this is just one example of the bizarre nature of this neverending case against his clients. Spiess asked about harassment laws and whether this lawsuit was beginning to infringe on his client’s time, reputation and day-to-day routine of living. This opened up a thread of conversation about political posturing and abuse of power.
Money was also discussed. The expense of private legal fees to the cavalier use of the taxpayers’ dollars with frivolous lawsuits – from suing the Governor to initiated measure sponsors to the NCAA.
