Surface Lease Taxes in Arrears?
Oct 22, 2014
We have had a number of enquiries from landowners who have received a copy of a property tax arrears notice from the BC Surveyor of Taxes, for well sites on their land.
This is a concern because it may indicate that the oil and gas company is in financial trouble. Here are two facts that we have confirmed with the Surveyor of Taxes:
- The land owner will not be liable for the outstanding taxes because the asset being taxed is not a fee simple asset, it is a lease.
- There will be no collection action against rural land owners.
There is cause for concern if a company is in financial difficulty. A landowner needs to be aware in case a company abandons its operations, so that recourse can be sought through the Oil and Gas Commission's Orphan Fund for clean-up and removal.
If you have paid tax arrears or penalties this year, seek a refund from the Surveyor of Taxes at your Government Agent's office.
Fort St. John: 250-787-3350 Dawson Creek: 250-784-2224 Chetwynd: 250-788-2239
This is a Public Service Notice from the Farmers' Advocacy Office
10300-10th St., Dawson Creek, BC V1G 3T6
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who we are
The Farmers' Advocacy Office has the primary goal of equipping land owners to deal in their own best interests in the negotiation of surface leases and rights of way associated with the oil and gas industry.
what you’ll find
- information on surface lease and right-of-way compensation
- landowner advice
- links to statutes, case law and mapping tools
- Infographics that explain how the system works:
before you sign a surface lease...
The Farmers’ Advocacy Office is finding that many surface leases do NOT comply with BC Law. Before signing surface lease documents, make sure the lease document complies with the Surface Lease Regulation B.C. Reg. 497/74 .