In response to the MLA Cal Dallas letter dated Dec 13 regarding Bill 24 and ownership of pore space. Dallas makes statements in his letter that force me to question whether or not he has ever actually read Bill 24 prior to voting for its passage. His comments certainly force me to question his understanding of a land title, of the definition of a mine and a mineral and his recollection of history.
Most land titles contain the wording “excepting all mines and minerals thereout” but the definition of a mine or mineral is far too narrow to allow a void, a space, a vacuum or nothing to be legally defined as a mine or mineral.
Bill 24 gets even more insane in relation to freehold title. Bill 24 says that pore space is a mineral. My land title says I own all mines and minerals, yet Bill 24 says that regardless of what my title says, I will be excluded from exercising my right and benefit from my specified right of ownership
And now ,Mr. Dallas it is time for you to sit down and learn your history lesson .
Landowners of all title stripes and classifications have been exercising their right of their ownership of pore space for over the last 125 years.
Landowners have altered pore space by cultivation, rooted our crops in pore space, stored water in pore space and, yes, Mr. Dallas, we even have a long history of sequestering carbon in these pore spaces.
During recent history many landowners have confirmed their ownership of pore space by selling carbon offset credits on their land. This sale of carbon offset credits utilizing pore space is a worldwide trade which recognizes that ownership of pore space worldwide belongs with the surface land title holder.
Where is the “Alberta advantage” if we are the only state in universe to deny recognition of the rightful ownership of pore space?
Landowners of Alberta have proven that for over the last century. They have used, owned and controlled pore space and through the law of capture, definitively own pore space.
Passage and enactment of Bill 24 is a blatant act of expropriation without compensation.
Robert Schwartz
Red Deer county