North American Coal Corp. v. Huber

PEDERSON, Justice.

This appeal by North American Coal Corporation requires this Court, for the first time, to interpret the “Surface Owner Protection Act,” Chapter 38-18, NDCC (Chapter 321, S.L.1975). The trial court concluded, as a matter of law, that the Act only applied where the mineral developer “has all right, title and interest either by leasehold or outright ownership to all of the * * * minerals.” [Emphasis added.] We agree. The question of constitutionality of the Act was not reached below and we do not directly reach it here.

There are no disputes as to pertinent facts. The parties…