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Surface rights compensation
Surface rights compensation
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Can compensation for “adverse effect” calculated using empirical evidence be a cogent reason for departure from compensation for “adverse effect” based upon a “pattern of dealing”? What evidence have the Courts considered in relation to the empirical evidence approach to the calculation of “adverse effect”?
Does s. 15(4)(b) of the Surface Rights Act, R.S.A. 2000, c. S-24 preclude the Surface Rights Board from considering the Respondent's objection that was filed more than 14 days after the date of service of the Application for the right of entry order? Under what circumstances has the Surface Rights Board granted a respondent's request for extension of time for filing written submissions in response to the Applicant's Response to an Objection to a right of entry order?
Does the Surface Rights Board have the jurisdiction to award costs directly to witnesses who are not parties to the Compensation Hearing?
How has the term “most recent written offer” as referred to in Section 15(2) of the Surface Rights Act, R.S.A. 2000, c. S-24 (the “SRA”) been interpreted by the Surface Rights Board? Further, how has the Board interpreted section 22 of the SRA with respect to money payable to the Board?
How is fair compensation determined for a right of way for a subsurface pipeline using the “pattern of dealing” approach? Is proof of the “negotiation process” required to establish a valid “pattern of dealing”?
In circumstances where a surface lease has not been terminated because a reclamation certification has not been issued, is the lessor entitled to full compensation pursuant to the terms of the surface lease?
In relation to a Section 30 of the Surface Rights Act, R.S.A. 2000, c. S-24 damages compensation claim, what is the applicable burden/standard of proof and the test for causation?
In relation to an Application for compensation made pursuant to Section 30 of the Surface Rights Act, R.S.A. 2000, c.S-24 how has the Surface Rights Board calculated compensation for damages relating to the of loss of pasture for livestock?
Should gross margin be the basis for a loss of use compensation pursuant to s. 25(1)(c) of the Surface Rights Act, R.S.A. 2000, c. S-24?
What type of conditions on a Right of Entry Order relating to water testing have the Surface Rights Board imposed?
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Exploration and operating agreements
Oil and gas leases
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