PRESS RELEASE: North Dakota Court Sides With Landowners' Property Rights, Rules CO2 Pore Space Amalgamation Law is Unconstitutional
FOR IMMEDIATE RELEASE: Dec. 3, 2025
North Dakota Court Sides With Landowners' Property Rights, Rules CO2 Pore Space Amalgamation Law is Unconstitutional
Bismarck, ND – Landowners in North Dakota who challenged a state law on property rights for underground “pore space” used to potentially store carbon dioxide declared victory on Tuesday, after a district court judge ruled in their favor and found the law to be unconstitutional.
The Northwest Landowners Association, a landowner-led citizen group, sued the state of North Dakota and the state’s Industrial Commission, challenging a law that said landowners could be forced to allow CO2 storage beneath their homes if just 60% of the total impacted landowners signed onto the project.
Northeast Judicial District Judge Anthony Swain Benson on Tuesday ruled that the “amalgamation” law is unconstitutional because it provided landowners with no avenue for “just” compensation, as is typically determined by a jury when the power of eminent domain is utilized to force landowners to allow development projects onto their property.
The ruling impacts all decisions related to pore space that have been issued by the North Dakota Industrial Commission, including the proposed Summit Carbon Solutions multi-state CO2 pipeline project. Separately, a group of landowners is also challenging the state Industrial Commission’s approval of three CO2 storage pore space permits granted to Summit.
“We are encouraged by the Court’s ruling which affirms our position that the current law is unconstitutional and must be overturned,” said Kurt Swenson, North Dakota landowner impacted by Summit’s storage facility permits. “After multiple attempts to change this law through legislation, we regret that we had to turn to the courts. We do not oppose any specific project, but simply the law that unjustly gave the North Dakota Industrial Commission unconstitutional authorities, taking away our property rights.”
“This ruling is a critical development in safeguarding the safety and property rights of North Dakotans. The Court affirmed our belief that multi-billion dollar carbon capture corporations should not be allowed to undermine our constitutional rights,” said Emma Schmit, Pipeline Fighters Director for Bold Alliance.
Northwest Landowners Association: The Northwest Landowners Association is a non-profit group of farmer/rancher property owners from across the state of North Dakota, led by an uncompensated board, to inform, educate, and facilitate exchange of information among industry, our membership, and state agencies. We do not oppose industry or progress. We understand that all of us benefit from energy development, and recognize the importance it plays in our economy. We advocate for responsible development and believe the needs of landowners should be in balance with the needs of industry. Together in mutual respect we can make progress. We work to be a credible and useful resource for industry, government, and landowners, and to facilitate exchange among these groups. Education is a mainstay and founding part of the group. (https://nwlandowners.com)
(Other groups involved in organizing N.D. landowners around carbon pipelines):
Dakota Resource Council: Formed in 1978, Dakota Resource Council grew out of existing organizing efforts responding to impacts from coal development. DRC works with communities across the state to organize around the common goals of securing a thriving North Dakota and putting people first. Members take action to create public awareness and shape public policy to ensure safe and responsible development, protect North Dakota’s agricultural economy, and establish a foundation for a just transition to a diverse energy economy. (https://drcinfo.org)
North Dakota Easement Team: The North Dakota Easement Team is a grassroots organization established for the benefit of landowners affected by proposed carbon pipelines in North Dakota. Landowner constitutional and property rights and interests must be protected no matter what actions are taken by Pipeline Companies or State Agencies. NDET is a landowner-organized and run group designed to help educate and empower landowners to understand the options available to protect their land and futures. (https://ndeasement.org)
Bold’s Easement Action Teams and Pipeline Fighters Hub: The Easement Action Teams are a project of the Bold Education Fund. The EATs work with local communities to provide immediate legal representation to landowners facing pipelines and other fossil fuel infrastructure. Our first priority is to protect landowners’ property rights and water. We believe landowners should have the ultimate right of what does and does not happen on their land. We stand against the use of eminent domain for private gain. (https://easementLLC.org)
The Bold Pipeline Fighters Hub, a project of the Bold Education Fund, provides technical, legal, story telling and organizing assistance to any community fighting pipelines and other fossil fuel infrastructure, with the goal of protecting the land and water. (https://pipelinefighters.org)
The Bold Alliance and Bold Education Fund are coordinating state-based groups with our Pipeline Fighters Hub and landowner legal groups called the Easement Action Teams to stop carbon pipelines from using eminent domain for private gain. We believe that carbon capture and storage (CCS) are unproven and complex projects that should not move forward at the scale the industry wants until counties, states, and the federal government prove that they are a better climate solution than renewable energy, and that safety, planning, decommissioning, landowner compensation, and routing standards are in place to avoid inefficient chaotic development. (https://boldalliance.org)
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