Property Rights in Pore Space.

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

• changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
• prohibits a surface owner from seeking compensation for pore space

What industries does this apply to?

• saltwater disposal wells
• injecting carbon dioxide underground for enhanced oil recovery
• temporarily storing natural gas underground as an alternative to flaring

Bismark Tribune | Western North Dakota landowners call property rights bill ‘offensive’