• North Dakota Supreme Court — Ownership of Minerals Under Land Deeded to Railroads by Private Landowners
  • July 30, 2015 | Authors: Lynne J. Boomgaarden; John R. Lee; John W. Morrison
  • Law Firms: Crowley Fleck PLLP - Cheyenne Office ; Crowley Fleck PLLP - Billings Office ; Crowley Fleck PLLP - Bismarck Office
  • In a recently decided case—EOG Resources, Inc. v. Soo Line R.R. Co., 2015 ND 187—a divided North Dakota Supreme Court held that a series of deeds from fee owners to a railroad, all titled “Warranty Deed—Right of Way,” unambiguously conveyed fee interests to the railroad when the granting, habendum, and warranty clauses of the deeds employed language indicating a fee conveyance and the description of the property conveyed did not suggest that the parties intended to convey a lesser estate. The presence of the term “Right of Way” in the title was not enough, by itself, to create ambiguity regarding the nature of the interests conveyed by the deeds.