Land for Sale in Williams County, ND

Williams County is the center of North Dakota's Bakken oil country: 2,148 square miles around Williston, with 40,950 residents in 2020, up from 22,398 in 2010. On land here, who owns the minerals is as important as who owns the surface. This guide explains the severed-mineral issues that come up in North Dakota.

Williams County at a glance

  • County seat: Williston. Cities: Williston, Tioga, Ray and Wildrose.
  • 2020 population 40,950, up 82.8% from 22,398 in 2010; about 2,148 square miles.
  • The county has significant exposure to the Bakken formation in the Williston Basin.
  • Lake Sakakawea and the Missouri River form the southern boundary; Fort Union Trading Post is along the river on the Montana border.
  • Highways: US 2, US 85 and North Dakota 40, 42, 50 and 1804.

The Williams County land market

Williston and the surrounding area saw a surge in population and development with the Bakken boom. Land sales include in-town lots, commercial and industrial land, acreage near the highways and large farm and ranch tracts. Prices follow oil activity and the cycle of drilling, so values and demand can shift quickly. Farm and ranch land is priced on production, with mineral rights a separate and sometimes larger value.

Severed minerals and who owns what

In oil country the minerals are often owned separately from the surface. A surface owner without minerals has limited leverage and cannot negotiate a lease. North Dakota has statutes that require a mineral developer to notify and compensate surface owners and to restore the surface after drilling, but check the current Century Code for the details.

Two North Dakota rules come up often in title work. First, when the state transfers land, the law reserves fifty percent of the oil, gas and other minerals to the state (N.D.C.C. 38-09-01), which is why many chains of title show a 50% reservation that traces back to a state patent. Second, the Dormant Minerals Act (N.D.C.C. chapter 38-18.1) lets surface owners reunite abandoned minerals with the surface when owners fail to use their minerals for 20 years, and the rules were tightened after 2009. Courts have decided disputes over what a reservation means, so a title attorney should review the chain.

Roads, water and development

Oil activity brings truck traffic, pipelines, well pads and easements, so look for recorded pipeline and access easements and for any surface use agreements. Rural water and sewer service varies by location, and oil-field development can strain roads and housing.

Before you buy land in Williams County

  • Who owns the minerals, and whether a state patent reservation of 50% appears in the chain.
  • Any oil and gas leases, wells, pipelines and surface use or damage agreements.
  • Whether the Dormant Minerals Act could apply to an old severed interest.
  • Recorded legal access, easements and road condition.
  • A North Dakota oil and gas or title attorney's review.

Mineral rights vs. surface rightsLand due diligence checklist

Frequently asked questions

Do I get the minerals when I buy land in North Dakota?

Not necessarily. Minerals are often severed, and land that originated as a state patent can carry a 50% mineral reservation to the state. Check the chain of title.

What is the North Dakota Dormant Minerals Act?

A law that lets surface owners reunite abandoned mineral interests with the surface when the mineral owner has not used them for 20 years, subject to the statute's requirements.

How much did Williams County grow?

Population rose from 22,398 in 2010 to 40,950 in 2020, up about 83%.

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