Feature Article November 20, 2003
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50 years of farming, and it can all be taken away
The appeal of a decision not to grant a mining claim to Wollasco Minerals on Ronald Prices farm near Mountain Grove has been rejected by the mining commissioner in Toronto. However, the commissioner also set out terms by which the lands can be staked by Wollasco.
The
lands that were staked are used for pasture, and the mining recorder,
Roy Spooner, noted that in his original decision. According to
subsection 32(1) of the mining act, any lands used for raising crops
are exempt from staking.
In the ruling, Commissioner Kamerman, acknowledged this point, writing, Most of the mining claim was found to be comprised of grass for pasture. The ordinary meaning of the word crop found in subsection 32(1) includes grass, according to the decision. Accordingly, as there was no consent of the surface rights owner, the lands were found not to be open for staking.
However, Kamerman also wrote that since the lands are used for pasture, rather than hay production, the tribunal has heard no evidence upon which to make a finding that a substantive damage to crop would result from mineral exploration activities.
For that reason, Kamerman also made an order granting permission for the future staking of the subject lands.
The ruling goes further than that, and speculated about the possibility that Wollasco may want to put a mine into production.
In the event that a production decision is made, Wollasco will have the option to purchase and Ronald Price has the obligation to sell the Price farm, for 200% of its market value.
Wollasco has floated the Olden Wollastonite claims on the market as having a sale value of $7 million.
Ronald and Elva Price bought their farm in 1950, and have been raising cattle ever since. At that time, they held the mining rights to the farmland; but in 1954 the rights were taken back by the Crown. The Prices knew none of this until they found staking marks on their land in 1990. They have been battling with Wollasco ever since.
