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Landowners, industry and researchers debate rare‑earth minerals bill; legal questions about leases and private contracts dominate testimony
Summary
House Bill 1459 drew extended testimony from landowner representatives, legal counsel and university researchers over how to develop rare‑earth minerals in lignite without violating existing coal leases or constitutional limits on government action.
The Senate Energy and Natural Resources Committee opened extended discussion on House Bill 1459, a bill proposing statutory guidance for recovery and development of rare‑earth elements and other critical minerals associated with lignite coal. Testimony revealed disagreement over whether state law should alter contractual rights in existing coal leases or instead leave mineral owners and lessees to resolve disputes through private negotiation or litigation.
Troy Koons of the Northwest Landowners Association urged a do‑not‑pass recommendation, saying the bill "will just pit the state of North Dakota against landowners once again" and that attempts to rewrite existing contracts would raise constitutional takings concerns. Koons said landowners are willing to work…
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