This is a copy of a news article- the ending portion, and shows how FHOA is all voluneers, and needs the membership fees we provide. A lawsuit had ensued, and this was the outcome.
Implications
I
in FHOA’s view, challenging the validity of a
CAPL 88 or 91 freehold lease being continued
beyond the primary term under the Suspended
Wells clause with a well which is not capable of
meaningful production may now be as simple as
writing a letter to the lessee setting forth the
particulars of the well’s production and
requesting the removal of the caveat protecting
the lease with copies to the ERCB’s Compliance
Department requesting well license cancellation.
The importance of Justice Conrad’s ruling to
freehold owners cannot be overemphasized.
Following the 2009 ERCB decision, an article
published in the Negotiator (the magazine of the
CAPL) asserted that the decision impacted
"thousands (if not tens of thousands) of leases and
wells"
and encouraged Omers to appeal. The
Court’s affirmation of the ERCB decision clearly
benefits a great many freehold owners. It also
demonstrates how critical it is for freeholders to be
represented in regulatory and judicial hearings
dealing with freehold minerals - it was FHOA that
introduced American case law and argued that
leases were for the mutual benefit of the parties.
Although the decision represents a major step
forward in FHOA’s quest for greater fairness for
freeholders, there are many steps remaining to be
taken and interventions are expensive. We urge
readers to continue to support FHOA with
membership fees and donations.