SRD minister, Dianna McQueen, has indicated "amendments" will be introduced to the Surface Rights Act in the spring session of the legislature in Alberta.
Speculation is these "amendments" will introduce changes into how costs are calculated for negotiations between land owners and energy companies.
The two most often mentioned will be "loss of use" and "adverse effect".
"Loss of Use" at present is a calculation of how much production will be lost. It is based on gross production loss....not net.....and not based on whether you can grow anything on it (this was decided a long time ago in the courts).
For example: If the lease/right of way was 4 acres on cropland, the average production of a common rotation would be the loss of use> Yr 1-barley, yr 2-barley, yr 3 canola.
The "new improved amendment" would specify a "province wide" price based on soil type> example: No.2 soil in Taber or Grand Prairie would be the same loss of use.
"Adverse effect" is generally described as the cost of farming around the lease/general nuisance/inability to enjoy your property. At present there is a wide variance between areas.....under the "new amendments" this would be standardized.
Generally we would suspect prices for both "loss of use" and "adverse effect" would fall substantially. It would pretty well eliminate most negotiations. There would be a set price with nothing much to argue about?
This is a very disirable out come for the oil and gas companies. Lower lease prices and basically eliminate the land agent.
Speculation is these "amendments" will introduce changes into how costs are calculated for negotiations between land owners and energy companies.
The two most often mentioned will be "loss of use" and "adverse effect".
"Loss of Use" at present is a calculation of how much production will be lost. It is based on gross production loss....not net.....and not based on whether you can grow anything on it (this was decided a long time ago in the courts).
For example: If the lease/right of way was 4 acres on cropland, the average production of a common rotation would be the loss of use> Yr 1-barley, yr 2-barley, yr 3 canola.
The "new improved amendment" would specify a "province wide" price based on soil type> example: No.2 soil in Taber or Grand Prairie would be the same loss of use.
"Adverse effect" is generally described as the cost of farming around the lease/general nuisance/inability to enjoy your property. At present there is a wide variance between areas.....under the "new amendments" this would be standardized.
Generally we would suspect prices for both "loss of use" and "adverse effect" would fall substantially. It would pretty well eliminate most negotiations. There would be a set price with nothing much to argue about?
This is a very disirable out come for the oil and gas companies. Lower lease prices and basically eliminate the land agent.
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