Mosser v. Denbury Resources, Inc.

Kapsner, Justice.

[¶ 1] Under N.D.R.App.P. 47, the magistrate judge for the United States District Court for North Dakota certified seven questions to this Court involving a surface owner’s right to recover compensation under N.D.C.C. ch. 38-11.1 for a mineral developer’s use of pore space beneath the surface of the surface owner’s estate for saltwater disposal. We conclude that under N.D.C.C. § 38-11.1-04 a mineral developer may be liable to a surface owner for saltwater disposal into pore space, and we answer the certified questions accordingly.

I

[¶ 2] Randall Mosser, Douglas Mosser, Marilyn…