An Alberta landowner discovers that an oil company has been granted mineral rights beneath their property by the Crown. The company wishes to access the surface. Under the Surface Rights Act, what process must the company follow?
Correct Answer
B) The company must negotiate a surface lease with the landowner, and failing agreement, may apply to the Surface Rights Board for a right of entry order
Under Alberta's Surface Rights Act, an operator with mineral rights must first attempt to negotiate a surface lease with the landowner for compensation. If negotiations fail, the operator may apply to the Surface Rights Board for a right of entry order, which will set compensation terms.
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