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J.P. FURLONG ENTERPRISES v. SUN EXPLORATION & PRODUCTION

Civ. No. 870075.

423 N.W.2d 130 (1988)

J.P. FURLONG ENTERPRISES, INC., a North Dakota corporation, and Nantasket Petroleum Corporation, a Colorado corporation, David A. Papineau and Catherine Mary Papineau, Plaintiffs and Appellants, v. SUN EXPLORATION AND PRODUCTION COMPANY, a corporation; State of North Dakota; Grace M. Oyloe; Orville Oyloe; Ladd Petroleum Corporation, a corporation; R.E. Puckett; and Bruce P. Alfson, Defendants and Appellees.

Supreme Court of North Dakota.

April 18, 1988.

Attorney(s) appearing for the Case

Bjella, Neff, Rathert, Wahl & Eiken, P.C., Williston, for plaintiffs and appellants; argued by Fred C. Rathert.

Owen L. Anderson, University of North Dakota School of Law, University Station, Grand Forks, for plaintiffs and appellants.

Lawrence Bender, Asst. Atty. Gen., Bismarck, for defendant and appellee State of N.D.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellee Sun Exploration and Production Co.; argued by Murray G. Sagsveen.

McIntee & Whisenand, P.C., Williston, for defendants and appellees Grace M. Oyloe and Orville Oyloe. No appearance by Fred E. Whisenand.

MESCHKE, Justice.

We consider whether a man-made change in the course of the navigable Missouri River affects ownership of oil and gas underlying the former riverbed. Applying a statute derived from Napoleonic and Roman law through the Field Code, we hold that it does. Therefore, we reverse a summary judgment declining to apply the statute.

FACTS

In 1957, the United States of America acquired land by eminent domain in section 15, Township 152, Range...

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