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Braaten

Derrick Braaten

Derrick 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.
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Articles

How to negotiate an easement

More important, landowners are usually better off having a reasonable easement in place than losing rights to the property through eminent domain or other authority.

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Crop insurance arbitration

Your crop insurance policy requires that disputes about a denial be handled through mediation or arbitration. In our experience, arbitration is the better route.

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What about the farm bill?

The passage of a 2012 farm bill is obviously an issue of great importance for farmers and ranchers throughout the Midwest and Northern Plains.

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Columns

ND grain buyer, elevator rules ammended

On Nov. 6, the North Dakota Public Service Commission issued a notice that it intends to amend its administrative rules.

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Importance of restoring the land

The process of extracting minerals from the earth necessarily causes damage to the land.

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Insolvencies and Bankruptcies

I recently received a call from a farmer regarding a grain elevator insolvency, and thought this would be a good time to review some of the laws related to elevator insolvencies. As Agweek staff writer Mikkel Pates pointed out in March, in the past few years, we have seen several significant elevator insolvencies.

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Landowners and energy developers need solutions

I recently spoke at the International Legislators Forum, which is an annual meeting of legislators from Manitoba, Minnesota, North Dakota and South Dakota put on by the Consensus Council. The forum “provides an opportunity for delegates to share information, understand problems, build relationships and develop collaborative agreements on a wide variety of issues.” I spoke on a panel about landowner perspectives related to

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Who's who in administrative agencies?

As the political parties gear up for the elections this fall, I thought it would be helpful to offer a brief review of a few agencies that regulate energy development, and often make decisions that affect landowners.

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Educating your attorney

On-farm visits beneficial to understanding issues farmers and ranchers face

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Grain buyers, warehouses and insolvency

BISMARCK, N.D. — With three active insolvency proceedings being administered by the North Dakota Public Service Commission, and another North Dakota grain elevator in dire straits, it seems a good time to revisit some of the basic laws related to grain elevator and buyer insolvencies. While the laws related to these insolvencies can be complex, there are a few basic issues that farmers should be aware of.

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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.

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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.

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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.

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