Derrick Braaten
Derek Braaten is a partner in Baumstark Braaten Law Partners of Bismarck, N.D. He welcomes input and comments on his columns. He can be reached at his office at (701) 221-2911 or by email at derrick@baumstarkbraaten.com.Contact
Herd laws on the open range
BISMARCK, N.D. — In the days of the Wild West, disputes over trespassing livestock likely were resolved more often by a neighborly agreement, or perhaps by finding out who was the quicker draw. Since that time, a substantial body of law has developed regarding the liability of livestock owners when their cattle or other livestock cause damage to property of another.Agweek, 05/14/2012
Drainage and diversion practices
BISMARCK, N.D. — It appears that Punxsutawney Phil was mistaken, and an early spring has arrived in North Dakota. Along with the arrival of spring, is the arrival of spring showers (and in most years, snow melt) which leads to fields and pastures full of puddles, ponds, streams and sloughs. As a landowner, it is important to understand your rights and responsibilities with regard to those puddles, ponds, streams and sloughs.Agweek, 04/02/2012
Seller beware
BISMARCK, N.D. — We’ve cautioned readers in the past to tread carefully when entering into grain purchase contracts because of the grain market’s entrance into the big business world.Agweek, 02/20/2012
AG-VOCATE FOR AG: Regulations, statutes and the Finality Rule
BISMARCK, N.D. — There are likely few farmers and ranchers who are not well-acquainted with the myriad of federal farm programs. Most are aware that they can seek reconsideration from the county committee of an adverse decision under these programs. Not all may be aware that they also have the option of appealing an adverse decision through the U.S. Department of Agriculture’s National Appeals Division.Agweek, 01/10/2012
Landowners have the right to grant, deny access
BISMARCK, N.D. — The repercussions of the North Dakota oil boom are being felt throughout the state, and even throughout the nation. One effect of the ever-expanding oil industry is that farmers and ranchers now have to decide whether to grant an easement to that oil, pipeline, road construction or other company who has constructed a path to the middle of a wheat field or calving pasture.Special to Agweek, 10/17/2011
Handshakes, contracts and farmer merchants
BISMARCK, N.D. — With the small grains harvest in full swing in North Dakota, it is a good time to revisit some legal issues that relate to grain marketing by farmers.Special to Agweek, 09/05/2011
Independent analysis in wetland determination a worthwhile step
BISMARCK, N.D. — Although I did not intend to return to the topic of my prior column (“The Land of 10,000 potholes,” Agweek, June 13), I received a significant response from folks around the Midwest and out on the Plains. I am humble enough to admit I learned more about the issues myself, and I would like to share this knowledge with Agweek’s readers.Special to Agweek, 07/26/2011
Be aware of rules for dealing with new wetlands
BISMARCK, N.D. — It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year, there is nothing little about the moisture in North Dakota’s fields. Along with the rain that just won’t quit, farmers are seeing a lot of new standing water on their fields.Special to Agweek, 06/21/2011
Prevented plant policies
BISMARCK, N.D. — Today’s column takes a lead from Jonathan Knutson’s April 18 Agweek column.Special to Agweek, 05/03/2011
FLAG a big farm resource
BISMARCK, N.D. — This week’s column is about a terrific legal resource for farmers and ranchers, which I recommend to Agweek’s readers: Farmers’ Legal Action Group, also known as FLAG.Special to Agweek, 03/29/2011
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