NDFB responds to court ruling - Major win for property rights

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December 4, 2025

Topic: Issues

Statement from NDFB President Val Wagner on Court Decision Protecting Private Property Rights

BISMARCK, ND - North Dakota Farm Bureau President Val Wagner issued the following statement regarding the district court ruling that struck down the state's pore space statute as unconstitutional:

"This is a significant victory for private property rights in North Dakota. The Court affirmed NDFB's longstanding argument that pore space is private property, and the government cannot utilize it without proper legal procedures and fair compensation. We are grateful to have played a role in this case, and it is encouraging that our arguments helped strengthen the Court's understanding of the importance of protecting landowners.

"We also appreciate the Court's decision requiring the State to reimburse legal costs, highlighting the importance of standing up when property rights are threatened. NDFB will continue to advocate for laws and policies that respect voluntary landowner participation and protect the rights essential to agriculture and rural North Dakota."

View the ruling here: https://ndfb.org/image/cache/Pore_Space_Decision.pdf