North Dakota Supreme Court finds statutorily-authorized fracking to constitute a taking of property without just compensation

Fracking involves injecting fluids under the earth through pores (openings in the earth) that may extend to neighboring property. Such physical invasions, the North Dakota Supreme Court held, are takings of property that cannot be statutorily-mandated without just compensation. Northwest Landowners Ass’n v. State, 978 N.W.2d 679 (N.D. 2022).