903 N.W.2d 51
N.D.2017Background
- J.T. and Evelyn Wilkinson conveyed land in Williams County to the U.S. for the Garrison Dam project in 1958 but expressly reserved oil and gas rights; plaintiffs are successors in interest to those mineral reservations.
- Plaintiffs sued (2012) to quiet title to the minerals under specified sections of Township 153N, Range 102W, alleging they own the mineral interests; State (Land Board) counterclaimed asserting title to sovereign lands below the Missouri River ordinary high watermark.
- Multiple lessees and leaseholders (EOG, Brigham/Statoil, XTO) were parties; the North Dakota State Engineer intervened. District court granted summary judgment for the State, concluding the disputed surface and minerals are sovereign land below the current ordinary high watermark and dismissing takings and §1983 claims.
- After judgment, the North Dakota Legislature enacted N.D.C.C. ch. 61-33.1 (Pick‑Sloan inundated lands), made retroactive to dam closure, which limits state sovereign mineral title to the historical river channel up to the historical ordinary high water mark.
- The Supreme Court reversed in part: it held the district court erred by declaring surface ownership (United States was not a party), concluded the new statutory scheme applies retroactively and remanded for the district court to apply it, and reversed dismissal of the takings claim (remanding for reconsideration if State is found to own minerals).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State owns mineral interests under property now below Missouri River O.H.W.M. | Plaintiffs: they reserved minerals when conveying surface to U.S.; minerals remain theirs. | State: sovereign ownership extends to beds and minerals up to current ordinary high watermark. | Remanded — district court must apply newly enacted N.D.C.C. ch. 61-33.1 (retroactive) to determine mineral ownership. |
| Whether court could adjudicate surface title to property conveyed to U.S. | Plaintiffs did not assert surface title; sought only minerals. | State sought quiet title to surface and minerals below the ordinary high watermark. | Reversed — district court erred by declaring surface ownership because United States (an affected party) was not joined. |
| Whether N.D.C.C. ch. 61-33.1 applies to this dispute (retroactivity) | Plaintiffs: statute precludes State ownership of these minerals; should govern outcome. | State: earlier common-law equal-footing analysis supports State title. | Held statute is retroactive; remand for district court to apply the statute and statute’s procedures for determining the historical ordinary high watermark. |
| Whether State’s assertion of title constituted a compensable taking | Plaintiffs: flooding by government action and State’s claim deprived them of reserved minerals without compensation. | State: plaintiffs leased and produced minerals repeatedly; no uncompensated taking occurred. | Reversed — dismissal erroneous; if remand results in State ownership of minerals, plaintiffs’ takings claim must be reconsidered (government‑induced flooding can be a taking). |
Key Cases Cited
- THR Minerals, LLC v. Robinson, 2017 ND 78, 892 N.W.2d 193 (procedural standard for summary judgment)
- Markgraf v. Welker, 2015 ND 303, 873 N.W.2d 26 (summary judgment standards and review)
- Wilhite v. Cent. Inv. Props., 409 N.W.2d 348 (N.D. 1987) (cannot adjudicate submerged‑land title when U.S. not a party)
- J.P. Furlong Enters., Inc. v. Sun Expl. & Prod. Co., 423 N.W.2d 130 (N.D. 1988) (reluctance to decide bed ownership changes after Corps action when U.S. not joined)
- Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (retroactive application of new law on appeal)
- White v. Altru Health Sys., 2008 ND 48, 746 N.W.2d 173 (general rule applying law in effect when cause arose)
- Irwin v. City of Minot, 2015 ND 60, 860 N.W.2d 849 (takings law; state may take property by eminent domain with compensation)
- Hager v. City of Devils Lake, 2009 ND 180, 773 N.W.2d 420 (takings compensation as contractual obligation)
- Arkansas Game & Fish Comm’n v. United States, 568 U.S. 23 (government‑induced flooding can be a taking)
- Jacobs‑Raak v. Raak, 2016 ND 240, 888 N.W.2d 770 (value of Bakken mineral interests)