Landnews

Proposed By-Laws/Membership Policy

  • 1.  Proposed By-Laws/Membership Policy

    Posted 04-30-2020 12:56
    I am very concerned regarding the proposed changes to the By-Laws:

    The proposed changes would exclude any landman currently working in a minerals industry NOT associated with or connected to energy sources.

    The proposed changes read:  

    Section 1. Landwork.
     "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.
    2. Negotiating business agreements that provide for the exploration for and/or development of minerals or real property associated with or connected to energy sources.
    3. Determining ownership in minerals or real property associated with or connected to energy sources through the research of public and private records.
    4. Reviewing the status of title, curing title defects, providing title due diligence and otherwise reducing title risk associated with ownership of minerals or energy sources or the acquisition and divestiture of mineral properties, minerals or real property associated with or connected to energy sources, but shall not include administrative, division order or lease analyst functions.
    5. Managing rights and/or obligations derived from ownership of interests in minerals or real property associated with or connected to energy sources.
    6. Unitizing or pooling of interests in minerals or real property associated with or connected to energy sources.

    "Minerals" shall include without limitation oil, gas, related hydrocarbons, coal and lignite.

    Am I missing something here?  What about Landmen working for the gold industry?  silver? platinum?  geothermal for heat?

    While I realize that the vast majority of AAPL members work in the oil & gas and hydrocarbon arenas, there are still 100+ members that work in other minerals industries.  Under the current language, they would be excluded.  Many of these members are CPL's with over 30+ years with AAPL.

    The inclusion of Right of Way agents has been a topic for consideration for the entire 30 years that I have been a member.  Each time, the decision to not include ROW has been made.  I understand that a few landmen may be considering ROW, but how will this affect the organization for the years to come?   We need to consider the long term mission of AAPL.

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    Deborah Goetz, Ph.D. CPL
    President, CEO
    LANDRES Management Consultants
    Reno NV
    (775) 343-9704
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  • 2.  RE: Proposed By-Laws/Membership Policy

    Posted 05-01-2020 12:47
    Edited by Billy Lemons 05-01-2020 15:23
    Edited:  I previously used the word "for" and should have instead used the word "of," as emphasized in bold below. The critic, himself, screws up.

    Deborah Goetz has an excellent point.

    The language she quotes is ambiguous and could be reasonably construed in at least two different ways: First, it could be construed as meaning, "Negotiating for the acquisition or divestiture of mineral rights minerals [associated with or connected to energy sources] or real property associated with or connected to energy sources," as she apparently sees it. Or second, it could be construed as meaning, "Negotiating for the acquisition or divestiture of mineral rights minerals or [of] real property associated with or connected to energy sources," which may be the way it was intended." Same with all the other similar proposed changes.

    I also think that changing the language from "mineral rights" to just "minerals" is a mistake. Further thought might yield that "mineral rights" might need to be changed to something else, but not just "minerals."

    Also, the reference to "energy sources" is too broad. Ever hear of the wood pellet renewable energy industry? Just like oil and gas landmen, wood procurement personnel go out and find land that contains this "energy source," research the ownership and title of the land and the "energy source" upon the land, negotiate with the landowners and/or other owners of the "energy source" for the purchase of the "energy source" and to exploit it and remove it from the land to the processing plant (including electricity generating plants), or for the long-term lease of the land containing the energy source to exploit it, remove it, and to renew it over the term of the lease. Not that too many timber buyers out there would want to join AAPL, but the proposed new by-laws language appears to qualify them for membership.

    I don't know about he rest of you, but while I appreciate the work that the 100 or so people have put into drafting these proposed changes to the by-laws, I for one am going vote against them. Sorry, but regardless of the amount of time and effort that was put into them, they're just not right.


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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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  • 3.  RE: Proposed By-Laws/Membership Policy

    Posted 05-01-2020 13:14

    I spent 50 years working in the petroleum industry in various positions for small and large companies. I found that the larger companies had more specific duties for "Landman". Some were doing duties involving title research and lease acquisition. Others dealt with Row and working with surveyors in staking well sites. 

    The "Landman" working for the smaller companies did it ALL; whatever it took from title research to final curative to get the well drilled and all documents necessary to get payment of royalties.  Now, I say that is what a Landman is. Those in the courthouses running title to minerals only are mineral abstractors; a LANDMAN performs ALL of the other duties.  PERIOD.   



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    LaVerne BroussardShreveport LA(318) 294-4011
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