Published Wednesday, November 12, 2008
Vol. 60 Issue 46 Page A4
NOTE: The version that is in the paper is not complete. Some of it was cut off, the following is the complete version that I submitted to be published.
I have spent a lot of time on the municipal election but I want to switch gears for this last article before the election to the Regional District race.
I have thought about this carefully and I have one real issue in this election: land owners’ rights. My family has owned our farm (Coyneville) for 80 years we have had 5 generations on our farm now, but we have been here since the beginning, so Princeton is very near and dear to my heart. I love Princeton and I want to live here for a long, long time. My ability to stay here is being threatened by outside parties. Like many I did not realize that the provincial government had changed the way you stake a mineral claim. All you need to do is get a Free Miners licence and log onto the government’s website and stake a claim. No one needs to go to that area and mark it out like the old days and now would-be prospectors can just click on a square and pay the little fee and claim the rights for themselves. I see this as a threat not only to me but to the 4 generations that live on our farm but also to everyone who lives in the Regional District. Be it oil and gas or mineral claims, we the people who live here who have a stake in the future of our valley have no rights and we don’t seem to matter in the eyes of Victoria. You tell me that I do not count, that my family who has owned our place for 80 years doesn’t have rights or matter? My family has been here for longer than this Province or even this country and now we are told that we are just an obstacle to hurdle because the powers that be want to make a quick buck!
This is an issue that I believe effects every single person in the regional district. If you own a farm or a ranch, or if you have a house or even a recreational property, you have almost no rights once the government sells off the subsurface rights. People will tell you that you can negotiate a good price for the companies’ ability to access your land, but in the end if you do not come to an agreement the government or a court can decide and dictate the terms to you. For me this is unacceptable! If you have farmed the same farm for 5 generations, why should you have to negotiate to keep your farm? If you have a recreational property, why should you have to fight to keep it the way you bought it? For this reason I have decided that the person who answers one simple question the best will be the one who gets my vote.
Will you as the elected Area H representative challenge the government of BC to give the first right of refusal on all oil & gas and mineral rights under their private property to the property owner, and will you fight for the landowner(s) who are currently affected by this policy?
Gerri Logan’s Response:
There is a lot of information about the Free Miner Act and it is something that people should read up on if they are approached by someone who is telling them they have the right to explore for minerals on their property.
As for standing up for my constituents I always have and will continue to do so if elected. But be aware that we must pick our battles these days. We are faced with a great many issues at this time and I cannot drop the ball on my other responsibilities to wage war against the Provincial Government. Being the Director of Area H is a multi faceted role and I am responsible to over 2500 people who all have the right to have me represent them. I have a great many duties that I must perform and each year I have to submit my Project list to the RDOS so that staff time can be allocated to me. That being said if this is going to become a threatening force in our community I will stand up and take the proper steps to get our message out and address our concerns. There are ways to approach the Provincial Government and one is by putting a resolution through the Regional District of Okanagan Similkameen and onto the Union of British Columbia Municipalities. There it can be discussed by the all of the elected officials in British Columbia and if endorsed it is then submitted to the Provincial Government for comment and or action.
I know that the thought of someone coming onto your land is viewed as an invasion but please go to the website and at least find out what your rights are. And if you require my assistance, call me, I’ll be there.
Brad Hope’s Response:
The simple answer is yes, the landowner should have the right of first refusal on subsurface oil and gas and minerals under private property. Not only that, but in the case of coalbed methane where a community is asked to share in the risk, that community should also have the right of refusal, if it so chooses.
Reasoning: It should be noted that only about 5% of the land in BC is privately owned and giving landowners additional rights would affect only that portion.
Although there are some differences in how oil and gas rights and minerals are granted and administrated the basic principal is the same, most landowners own only the surface rights and do not own the rights to subsurface oil and gas, minerals ands metals
Minerals: In B.C. any person for $25.00 can purchase a Free Miners license and stake claims on private land and in doing so take away private property surface rights. The license allows a right of way over private lands, for exploration, development and operations, without the consent of the owner of the land. Giving landowners a right of refusal would not necessarily mean that mining would not take place, but that if the owner agreed to proceed he could negotiate, among other things, a share of the profits.
Oil and Gas – As with minerals, oil and gas is owned by the crown but usually leased in large blocks to petroleum companies. Once tenure has been granted individual landowners cannot refuse access or operations. Coalbed methane presents a particular set of problems. Because of the large number of wells required, the connecting roads and pipeline infrastructure in our area it is not an option to have certain land owners opt out of a program, it must be a community decision.