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THE PEACE GARDEN STATE

Buying Land in North Dakota

North Dakota divides between the Bakken west, where mineral ownership can be worth more than the surface many times over, and the Red River Valley east, where some of the most productive farmland in the country trades on agricultural fundamentals.

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Minerals in the west can exceed surface value

Bakken development transformed western North Dakota, and mineral interests there are traded as a distinct asset class. A parcel where the minerals convey and are productive is a fundamentally different purchase from one where they were severed decades ago.

Establish mineral ownership through a proper examination. Where minerals are severed and leased, understand what the lease permits and where existing or planned well pads sit. North Dakota's surface owner protection statutes provide for notice and compensation, which is more than some states offer, but they do not confer a veto.

Anti-corporate farming rules

North Dakota restricts corporate ownership of farmland, with exceptions for family farm corporations and certain other structures. The rules have been amended and litigated, and a buyer intending to hold through an entity should confirm compliance before closing rather than after.

Water and drainage

Eastern North Dakota deals with drainage and periodic flooding in the Red River basin, which flows north and is prone to spring flooding. Western ground deals with scarcity. Both questions are worth asking specifically rather than generally.

Water permits are administered by the State Water Commission, and irrigation rights are a separate consideration from land ownership. Our water rights guide covers the framework.

What to verify

Mineral ownership and lease status in the west. Entity eligibility under anti-corporate farming law. Flood history in the Red River basin. Tenant leases and cash rent. Then the risk scorecard.

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