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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=20510
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: July 1, 2016 10:50 AM
From: Representative Duane D. Milne
To: All House members
Subject: Licensing Land Acquisition Agents to Promote Natural Gas Sector
 
In the near future, I will introduce legislation to amend the Real Estate Licensing and Registration Act (Act 9 of 1980) to require licensure of individuals who solicit oil, gas and mineral leases from landowners. The impetus of this bill is partially a response to ongoing concerns about the conduct and practices of some Landman, an industry term referring to individuals engaged in acquiring land and/or leases for the purposes of extracting oil, gas and/or mineral rights.

Considerable precedent exists in the Commonwealth for the concept of limited-purpose real estate agents. Examples of some professionals currently covered in statute include cemetery brokers, campground membership representatives, time-share sales agents, builder-owner salespersons and rental listing referral agents. Currently, the Real Estate Licensing and Registration Act exempts officers or employees of energy or mineral resources companies from requirements of the Act.

I have developed the category of Land Acquisition Agent for purposes of classifying such professionals. My bill defines Land Acquisition Agents as a person who:
  • acquires or manages oil, gas or mineral interests;
  • performs title or contract functions related to the exploration, exploitation or disposition of oil, gas or mineral rights;
  • negotiates for the acquisition or divestiture of oil, gas or mineral rights, including land rights for a pipeline; or
  • negotiates business agreements that provide for the exploration for or development of oil, gas or minerals.
My legislation will establish a license requirement for such individuals as well as provide the State Real Estate Commission with the authority to discipline Land Acquisition Agents for violations such as fraud or misrepresentation.

I would welcome your support of this legislation.