Demakis Law PLLC FindLaw IM Template 2026-04-21T10:43:14Z https://www.demakislawpllc.com/feed/atom/ WordPress /wp-content/uploads/sites/1101073/2020/10/cropped-dmakis-favicon-new-32x32.png by charlesdemakis <![CDATA[The Federal Corporate Transparency Act – What you need to know]]> https://www.demakislawpllc.com/?p=50819 2024-01-18T20:28:20Z 2024-01-18T20:28:20Z Disclaimer—The information provided in this article is for informational purposes only and should not be interpreted as legal advice. No attorney-client relationship is formed by reading this article. DeMakis Law, PLLC will not undertake any actions on your behalf regarding the CTA without a specific written engagement for this purpose. The content of this article is intended to provide a general understanding of the law. It is not intended to be comprehensive legal advice or a substitute for professional counsel. Please consult your legal advisor for further information regarding the application of the CTA to any specific situation.]]> by charlesdemakis <![CDATA[North Dakota Trust Law: Beneficiaries’ Ability to Remove and Replace Trustees]]> https://www.demakislawpllc.com/?p=50817 2023-11-16T16:15:17Z 2023-11-16T16:15:17Z ]]> by charlesdemakis <![CDATA[Pore Space – What is it and why its a booming topic in ND]]> https://www.demakislawpllc.com/?p=50796 2023-10-24T15:04:25Z 2023-10-24T15:04:25Z Leveraging the Benefits of Pore Space Law in North Dakota In our nation, North Dakota has become a hub for the energy industry, particularly in oil and gas production. However, recent legislation and court cases have introduced a new dimension to the property rights of landowners in the state. This article discusses the issue of pore space ownership, the associated legislation, and the legal implications for landowners. Pore space is the empty space or void within rock formations or soil particles beneath the earth’s surface. These spaces, which can occur naturally or be artificially created, are often associated with depleted oil and gas reservoirs. Once the oil or gas is extracted from these underground reservoirs, the resulting void is known as pore space. A common use of pore space in North Dakota is for the injection of saltwater, a byproduct of oil and gas production. For every barrel of oil generated in North Dakota, an equivalent amount of saltwater is also produced. Typically, the salinity level of this saltwater is too high for it to be reused, necessitating its disposal into a saltwater disposal well. Owning a saltwater disposal well can be a lucrative and profitable venture. As the oil and gas industry expands, the need for saltwater disposal increases. This demand creates a unique opportunity for those who own these disposal wells, especially because saltwater disposal wells are the only approved method of disposing of saltwater in North Dakota. Under North Dakota law, despite pore space being located at a considerable depth beneath the land’s surface, the surface owner overlying such pore space retains ownership. (N.D.C.C. § 47-31-03). Additionally, North Dakota law prohibits the severance of pore space from the surface estate in any transactions after April 8, 2009. (N.D.C.C. § 47-31-05). Importantly, however, the surface estate owner retains the right to lease the pore space. (N.D.C.C. § 47-31-06). The issue of pore space ownership in North Dakota was thrust into the spotlight with the enactment of Senate Bill 2344 (S.B. 2344) in 2019. This legislation had three main effects. First, it allowed oil and gas operators unrestricted use of pore space without requiring landowner consent or compensation. Second, it amended N.D.C.C. § 38-11.1, also known as the Damage Compensation Act, to exclude pore space from the definition of “land,” thereby eliminating the pore space owners right to compensation for “lost land value, lost use of and access to the surface owner’s land, and lost value of improvements caused by drilling operations.” N.D.C.C. § 38-11.1-04. Lastly, it barred a landowner’s trespass, tort, and nuisance claims against oil and gas operators for injecting, migrating, and storing substances in pore spaces without the landowner’s permission. The enactment of S.B. 2344 was controversial and faced substantial legal obstacles, most notably in Northwest Landowners Association v. State of North Dakota, 2022 ND 150. In a unanimous decision, the North Dakota Supreme Court declared specific provisions of S.B. 2344 unconstitutional, ruling that it constituted a direct infringement on private property rights in contravention of both state and federal constitutions. The Court determined that surface owners possess a legitimate property interest in pore space and have a legal right to compensation when their pore spaces are utilized for disposal and storage operations. In conclusion, the pore space legal landscape in North Dakota is complex and continually evolving. It is imperative for landowners to stay informed about these developments and understand their legal rights and obligations. The Court’s decision in Northwest Landowners underscores the fundamental rights of landowners, especially in the context of pore space utilization. It opens up new avenues for landowners to derive economic benefits from their property, specifically in areas rich in oil and gas resources. Understanding these rights is crucial, as it could significantly impact how landowners utilize and value their land. At DeMakis Law, PLLC, we possess extensive expertise in pore space agreements and skillfully negotiating on behalf of our clients. Our primary goal is to guide our clients through these agreements’ intricacies while helping them remain well-informed throughout the process. With our assistance, clients can gain a deeper understanding of these agreements and are empowered to negotiate effectively, better ensuring their rights and interests are preserved. Disclaimer—The information provided in this article is for informational purposes only and should not be interpreted as legal advice. No attorney-client relationship is formed by reading this article. The content of this article is intended to provide a general understanding of the law. It is not intended to be comprehensive legal advice or a substitute for professional counsel. Readers should always consult an attorney for personalized legal advice.]]> On Behalf of DeMakis Law <![CDATA[Estate Planning Appearance On Midwest Law Talk]]> https://www.demakislawpllc.com/?p=50494 2023-10-11T09:16:25Z 2022-08-02T15:35:59Z
]]> On Behalf of DeMakis Law <![CDATA[2022 Super Lawyers Award]]> https://www.demakislawpllc.com/?p=50492 2023-06-16T11:38:52Z 2022-07-20T14:05:16Z
DeMakis Law, PLLC is excited to announce that Charles G. DeMakis has earned top ratings from Super Lawyers, the Thomson Reuters lawyer rating service. Charles G. DeMakis, owner of DeMakis Law, PLLC was selected to the 2022 Great Plains Super Lawyers. Charles was previously selected by Super Lawyers as a Great Plains Rising Star from 2013 to 2018 and to the Great Plains Super Lawyers in 2021.
The designation honors attorneys who are recognized by their peers as being among the best in their practice area and who demonstrate high professional achievement. The annual selections are made using a multi-phase process that includes a statewide survey of lawyers, independent evaluation of candidates, and peer reviews.
]]> On Behalf of DeMakis Law <![CDATA[Life Estate Deeds Vs. Transfer On Death Deeds – Pros And Cons]]> https://www.demakislawpllc.com/?p=50477 2023-10-11T09:17:04Z 2021-11-08T17:33:22Z On Behalf of DeMakis Law <![CDATA[Demakis Honored With 2021 Great Plains Super Lawyers Selection]]> https://www.demakislawpllc.com/?p=50459 2023-10-11T09:17:18Z 2021-07-15T19:39:08Z On Behalf of DeMakis Law <![CDATA[The Basics Of The LLC: The LLC Is Currently One Of The Most Popular Business Forms In The USA]]> https://www.demakislawpllc.com/?p=50450 2023-10-11T09:19:50Z 2021-02-25T21:16:12Z On Behalf of DeMakis Law <![CDATA[Resources Available And Crisis Management]]> https://www.demakislawpllc.com/?p=50123 2023-10-11T09:17:55Z 2020-04-15T15:30:56Z https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources The key to managing any crisis is preparation. Here are seven actions that you as a leader can take to ensure your organization is in the best shape possible to withstand what’s ahead. Review workforce locations and travel. The first priority is to establish exactly where staff are and how many workers are in affected or vulnerable territories. Do any need to be repatriated? Or have they asked to work from home? Upcoming travel plans will need to be reviewed, rescheduled, or canceled. Clear policies should be in place to address absence due to sickness or caring for relatives, the protocol for visitors to company sites, the procedure for reporting illness, and travel restrictions. You also should plan for policies in the event of lengthy school closures — what will the policy be for working parents? There’s also the issue of tax: If workers are forced to stay in foreign countries longer than expected and then become subject to taxation, what policies do you have in place to address this? Lastly, be prepared to continuously refresh and update these policies as circumstances evolve. Revisit your crisis and continuity plans. Every well-run business has a crisis or continuity plan, and many will have a specific pandemic plan. But nothing tests theory quite like reality. One Asia-based organization’s pandemic plan, for example, designated a European city as the evacuation site for employees and their families — but flights from China to the city were suspended soon after the outbreak. Generic plans need to be adapted and tailored to cope with the specific challenges of an epidemic. If large numbers of your employees have to work remotely for a time, for example, is there enough technology bandwidth to cope? Will your operations be impacted if outsourced, offshore workforces are unable to come to work? What is the procedure for updating travel advice and policy? How will communication with employees be managed? During any crisis, the biggest worry for CEOs is gathering accurate information quickly. How will data flow during this crisis? Evaluate the supply chain. A clear understanding of your supply chain will help to expose any potential vulnerabilities. This means beginning with the most critical products and looking well beyond first- and second-tier suppliers, right down to the raw materials, if possible. For example, if your products contain a component from a country that becomes isolated, is there a secondary supply? Contingency plans can run into difficulty quickly if the virus spreads; we’ve already seen suppliers in China that turned to South Korea as a Plan B, only to see that country quickly become infected. Identify potential points of failure. Who are the teams and individuals on whom critical processes or services depend? Are there workers with the right skills who could step into critical roles if needed? Call centers and shared service centers are potentially vulnerable if the virus continues to spread — can steps be taken to reduce the level of human interaction, such as staggered shifts or remote working? Get communication right. Although we’ve seen employers work hard to keep their workforce informed, disinformation and confusion have spread along with the virus. Your employees (and wider stakeholders) will be looking for reassurance from you that they are being protected and that the business is prepared. Consistency and accuracy of messaging is the key, as is reassurance from the top of the organization; your workforce will need to know that their welfare is paramount. Use scenario analysis. With uncertainty rife, and COVID-19 holding the potential to impact every part of a business for months, scenario planning is a critical tool to test preparedness. What are the best- and worst-case scenarios, and is the business equipped to cope? What could be the impact in the longer term, for example, on working capital or bank covenants, or even rents for shops and restaurants if public places are closed? Ask searching questions of your finance team to highlight critical sensitivities. Organizations in some sectors could see a significant rise in demand if more of the population is spending more time at home rather than at work — are they prepared for this? Supermarkets are reducing the variety of products, stocking up on staples, and developing contingency plans. Don’t lose sight of other risks. The many other risks that your business faces aren’t diminished by an epidemic. Cybersecurity, for example, should always be top of mind.]]> On Behalf of DeMakis Law <![CDATA[Plotting A Course In Troubled Times]]> https://www.demakislawpllc.com/?p=50120 2023-10-11T09:18:06Z 2020-04-01T15:49:50Z https://www.congress.gov/bill/116th-congress/house-bill/6201/text As legislation continues to evolve from the State of North Dakota and the United States Government you can be assured that DeMakis Law, PLLC will remain on top of the changes and here to advise on programs and options available. Please feel free to visit our facebook page at https://www.facebook.com/DeMakisLawPllc We are also available by phone or email as well.]]>