good lawyer for surface lease issues

[JD4ME]

I'm going to ask the question here that I asked our family/farm lawyer. Who would be a good lawyer to take on a horrible energy company with in south Central AB.
We have a situation here that I've never run into before where the contractor hired to do a pipeline went broke during the job, the consultant left the project (without our knowledge) And a second crew moved in and just admixed the whole works back into the trench. Then after alberta environment ordered them to do soils assesment(after the neighbors complaint) they tried to stop at our fenceline without ever telling us about the environment order.
Once they found out we knew about the order they did the testing , a year later they rolled in took all our topsoil and mixed in clay hauled it out and hauled in new topsoil of questionable origin and quality.
Now they send out a different land agent than who signed the lease in the first place who tell's us they've done their bit and all we are entitled to is crop damage for two years. And are ignoring us when we say there is additional damages and adverse effect over the lack of project management not to mention the BS we've been through.
No one from the energy company themselves save a local operator has even contacted us over this except this new landagent who obviously has been hired to make this thing go away by stonewalling us.
Don't say use the farmers advocates office because since Dean Lien and his crew all left or retired they are a waste of time.
I am pretty certain for the first time in 30 years dealing with energy companies that we are going to have to sue.

Any names or advice?

[grassfarmer]

Not used him for oilfield disputes but my lawyer in Innisfail, Joe Lehane (of Millar, Lehane and Wilde) might be a good choice. I know Cowman recommended him for dealing with oil company negotiations regarding new leases, pipelines etc. His number is (403) 227 3361

[coppertop]

Keith Wilson of Wilson Law Office in St. Albert is one of the best as far as Surface Rights goes, IF he has the time.
I would also get in touch with the Farmer's Advocate if you haven't already done so. They can put pressure on government agencies to ensure that your issues are dealt with.

[silverback]

Our nephew has been approached by a microwave tower company to put up a large tower.

Anybody know someone to help negotiate this? Nobody seems to know much about proper procedure or surface access rights for towers in this area.

[JD4ME]

coppertop as I said in my post my opinion of the famrers advocates office 6 years ago was high I had great respect for Dean Lien. Now they've lost all the knowledge in that place over the past few years with retirements and people quitting. It's a waste of time going down that road right now. Our lawyer has given me a few names and I just wanted to see what names popped out here. Every lawyer would see they'd do it but I want someone who knows how to.

[coppertop]

I have seen Wilson in action on numerous files in the past and have always been very impressed with his ability to represent the agricultural interests.

[farmers_son]

JD4ME is right about the Farmers Advocates Office. Believe it or not, they are getting out of doing advocacy for farmers. In years past the FAO would have been my first suggestion but not any more.

I presume you signed an easement with the operator. If so, you cannot sue. Your easement will contain an arbitration clause which prevents you from taking the operator to small claims court which you otherwise could have done at comparatively little cost. You are now subject to the provisions of the easement’s arbitration cost where you could end up paying the entire cost of the arbitration, your costs plus the company’s costs if you loose. In the worst case scenario, arbitration is more expensive than Court as with arbitration you could have to pay the judge as well as the lawyers. The company knows this and will only budge on their offer of two years crop loss out of the goodness of their black little heart. I would recommend you do not hold your breath waiting for this to happen.

If the operator is doing a lot of work in the area they may be concerned about good will in the community otherwise they will have little interest in your concerns presuming Alberta Environment is happy with the work that has been done. I presume some professional hired by the company has signed off on the reclamation. If the reclamation is truly not up to standard you could issue a complaint with the professional body that governs that person. Probably the Alberta Institute of Agrologists.

Your easement will contain a clause saying you will be paid for damages. It does not say when you will be paid. The company can simply not pay you until years from now and there is nothing you can do about it.

If you had not signed an easement and had instead agreed to the initial compensation but gone through the Surface Rights Board for a Right of Entry Order the SRB would have heard your complaint concerning damages and settled the matter for you at no cost to you. However that is not to say you would be happy with what the Board decided.

I have never seen an easement that I would recommend a landowner sign. You do not have a leg to stand on. You can hire a lawyer but the lawyer will tell you the same. The easements are drafted by the operators for the operators' benefit, not yours.

I believe when this is all done you will have a new appreciation of the Alberta Advantage, that the advantage is all for the oil industry and not for you. I am really sorry, but I think you will see that is how it is.

[northfarmer]

Darryl Carter....he is in GP and is one of the most experienced in Alberta on these matters...If he is not taking on more files he may be able to advise you of others......his roots run deep in Ag and this is the focus of his practice.....he handles all of our surface rights issues from siesmic to wind power ....good luck....I have also used Wilson in the past on another matter and he was also good....

[hayburner]

The FARMER's Advocate is no longer advocating for the farming community. The whole process has gone down the tubes. The office might as well be dissolved. But it is our fault we have let this get this far as landowners. The quotes coming from this office are absurb and very distrubing. It is not this advocate's plan to assist the farming committee but a well designed plan to assist the Government in obtaining the maxium amout of royalties of oil and gas development . this should be a separate post as the concerns our family farm expressed to the advocate were dismissed as if we didn't have common sense.

[coppertop]

Actually, since Dean Lien left the FA office, it seems to have faded into the sunset. Bernie Yakimishyn would have made a superb FA, but he has now gone back to AAF

[JD4ME]

Thanks for the posts I will work on this and see where I get, I suspect as farmers son says ,nowhere but I'm not and never will be one to back down. I've got a few ideas yet that might shake up this company.
Thans again I am going to start another thread because I'm finding something here onlt I thought I saw.

[cowdog]

I suggest Jim Roberts at wainwright and avoid Carter

[coppertop]

Carter is very abraisive in hearings,sometimes the best way to get desired results is to stick to facts and forget theatrics.