North Dakota Carbon Dioxide Storage Lease (with Landowner)
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FAQ
Under American rule, the mineral estate holder owns the minerals but not the geologic formation. The surface owner owns the geologic pore space and has storage rights.
In North Dakota, the surface owner also owns the pore space underlying their surface estate. North Dakota Century Code 47-31-03. What is pore space? Subsurface geology is made up of layers of rock, sediment, or other geologic formations.
[C]ourts in Montana, Oklahoma, Louisiana, New York, Michigan, West Virginia, New Mexico, and California all recognize the surface owner's ownership of underground pore space for gas storage operations.