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AAPL Bylaws/Membership Policy Proposed Changes

  • 1.  AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-21-2020 15:53
    The proposed AAPL Bylaws/Membership Policy changes received today include several references to "real property associated with or connected to energy sources." For example:

    "Landwork" shall mean the actual performance or supervision of any one or more of the following functions:   

    1. Negotiating for the acquisition or divestiture of mineral rights minerals or real property associated with or connected to energy sources.

    I am curious as to whether this is to be construed as adding to the definition of "Landwork" the performance or supervision of acquisition of easement, right-of-way and servitudes for pipeline, and to qualify easement/R-O-W/servitude acquisition agents for membership in AAPL. My understanding from what I've read in the past directly from AAPL sources is that this type of work is not presently considered to be "Landwork" and that persons who presently perform this type of work, but who do not perform work presently included in the definition of "Landwork," do not qualify for AAPL membership.

    I would appreciate AAPL leadership clarifying this for us.

    Thank you.

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    Billy K. Lemons
    Pres. / Principal Consultant
    Resource Analytical & Management Group, LLC
    Mailing: P.O. Box 632400
    Nacogdoches, Texas 75963-2400
    Email: billy.k.lemons@resourceanalytical.com
    844.936.2400 Ext. 1101 Office
    844.936.2401 Facsimile

    ResourceAnalytical.com
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  • 2.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-21-2020 17:36
    This change is being proposed to include members who have chosen to apply their skills to areas such as solar, wind and other forms of renewable energy. They may remain active members of AAPL, and retain their CPL/RPL/RL designations. I can see how it could be interpreted to include ROW agents, and I personally would not object to that, but those professionals might be better served by IRWA.

    To clarify one comment you made, ROW agents currently qualify for associate membership in AAPL.

    I am writing this as an AAPL member, but I am not representing AAPL or its leadership.

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    Curt Horne CPL
    (713) 225-6700
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  • 3.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-27-2020 10:46
    Edited by AAPL 04-27-2020 19:15
    Submitted April 22nd:  I think the issue here is staying true to what a Landman is.  What is a Landman?  Does one need a lease to use solar energy?  Is knowing the mineral history relevant, I think not.  Is there a negotiation involved?  Wind, perhaps, but it does remain a surface issue like a cell tower which can be determined by tax rolls, quite similar to R-O-W.  Do we let Realtors in also?  And, if we are going there, shouldn't everyone who worked on the Hoover dam be classified a Landman?  Are we not going to include hydro as a source of energy?  What about bio energy?  I guess we need to bring in all the chemists, right?  Are we unique, or just looking for members????

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    Peter Lockhart CPL
    Independent
    Ashland OH
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  • 4.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-29-2020 13:03
    I think Mr. Lockhart asks a valid question. Are we just looking for new members? I definitely think that wind and solar are becoming an important part of the energy mix; however, my understanding is that the AAPL was founded to serve Landmen working in the oil, gas and mineral industry not solar and wind. Is AAPL trying to change with the times to accommodate new technologies or attempting to capture more membership revenue?

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    C. Wetegrove RPL
    Wetegrove Resources, LLC
    San Antonio TX
    (214) 601-1996
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  • 5.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-27-2020 12:32
    The bylaws are to be literally construed, and given that AAPL is a professional membership organization composed of members whose very profession is supposedly in reading, writing and literally construing contracts, it would seem to me that its members, and especially its leadership, should be able to properly construe the supposed plain English that we, ourselves, write in our own bylaws. If not, then we are in bad, bad trouble.

    In Texas, as well as probably most other states, easements and rights-of-way are "real property" as referenced in the proposed new bylaws and as defined by state statute and the courts. And if anyone wants to argue that that is not true, they can take it up with the Texas Real Estate Commission and Section 1101 of the Texas Occupations Code. Further, persons who would argue that a person and their non-sole-proprietorship business entity (read incorporated or LLC brokerage) need not be licensed or registered by the Texas Real Estate Commission to represent a buyer or seller of an easement in real property, including without limitation an easement for pipeline, can take that up, too, with the Texas Real Estate Commission, along with Subchapter K of Section 1101 of the Texas Occupations Code (which, by the way, I frequently observe AAPL member owned brokerages knowingly, blatantly, and obviously without caring whatsoever violating by their unlicensed/unregistered pipeline easement acquisition -- and sales-- agent operations in Texas -- including one or more who work the land and mineral owner side of the business as my firm does).

    Along with that, easements for oil and natural gas pipelines are "associated with or connected to energy sources," as set out in the proposed new bylaws. And if anyone disagrees with that statement, then I think we should all give up on having any kind of intelligent discussion about this topic.

    So then, given that easements are "real property" in Texas and that easements for oil and gas pipelines are "associated with or connected to energy sources," and given that easement and right-of-way agents in Texas perform the function of "Negotiating for the acquisition or divestiture of mineral rights minerals or real property associated with or connected to energy sources," the proposed new bylaws would most obviously allow easement and right-of-way agents to become full members of AAPL. The same might be true for seismic permit agents, too.

    So tell me, is that what we really want, to water down our membership with easement and right-of-way agents and perhaps seismic permit agents? Do we really want easement and right-of-way agents and perhaps seismic permit agents who are not real landmen to be admitted to full AAPL membership? If not, then easement and right-of-way agents seismic permit agents should be expressly excluded in the language, just like division order analysts and others are expressly excluded. Also if we do not want that, but then our leadership continues with the changes to the bylaws without expressly excluding easement and right-of-way agents and seismic permit agents, then I think our leadership will be exposing the organization to legal challenges by those persons who by literal construction of the bylaws qualify for full membership in AAPL.

    In addition to the above, I'd like to say that I agree with most if not all of the points made here by Marcus Brown.

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    Billy K. Lemons
    Pres. / Principal Consultant
    Resource Analytical & Management Group, LLC
    Mailing: P.O. Box 632400
    Nacogdoches, Texas 75963-2400
    Email: billy.k.lemons@resourceanalytical.com
    844.936.2400 Ext. 1101 Office
    844.936.2401 Facsimile

    ResourceAnalytical.com
    ------------------------------



  • 6.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-28-2020 15:13
    Re: notion of expressly excluding right of way agents

    As a used to be field landman now working in house doing pipeline and gas storage, I for one support the notion of being more inclusive. 


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    Ryan Kopp RPL
    Glendive MT
    (812) 217-0743
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  • 7.  RE: AAPL Bylaws/Membership Policy Proposed Changes

    Posted 04-29-2020 17:05
    As a Petroleum Landman I have in times performed as a Right Of Way agent. I can say from experience that performing title prior to acquisition can become quite complicated as lands can become divested just as minerals do. The acquisition phase is quite similar to obtaining a lease. I for one support this change in the by-laws.

    Thank you, 
    Deanna Saxon

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