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Proposed Change to the Definition of Landwork

FEATURED IN LANDMAN, MAY/JUNE 2020 

In an attempt to address the growing number of AAPL members working as land professionals in the energy sector not directly related to the traditional oil, gas and hard mineral industries, AAPL’s membership committee, working in conjunction with several other AAPL committees, including the Bylaws and Policy Manual Committee, in March of 2020 submitted to the AAPL Executive Committee a proposed revision to the definition of “Landwork” as contained in Article II, Section 1 and Section 2 of the AAPL Bylaws. After extensive discussion and debate on March 8, 2020, at the board meeting, the board approved by majority vote a revised definition of “Landwork” as reflected below with new language displayed in blue and deleted language with a strikethrough.

The AAPL Board of Directors propose a change to the Bylaws by replacing Article II, Section 1 and Section 2 with the following provision:

ARTICLE II – DEFINITIONS

As used in these Bylaws and in any and all other organizational documents of AAPL, the following definitions shall apply:

Section 1. Landwork.

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

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

B. Negotiating business agreements that provide for the exploration for and/or development of minerals or real property associated with or connected to energy sources.

C. Determining ownership in minerals or real property associated with or connected to energy sources through the research of public and private records.

D. 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.

E. Managing rights and/or obligations derived from ownership of interests in minerals or real property associated with or connected to energy sources.

F. 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.

Section 2. Land Professional.

Shall mean a person who derives a significant portion of his or her income as a result of performing Landwork.