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Tag Archives: DMA

Appellate Court Holds a Recorded Release of an Oil and Gas Lease is a “Savings Event” under the Ohio Dormant Mineral Act

Posted in Energy
In Davis v. Consolidation Coal Company, 2017-Ohio-5703, Ohio’s Seventh District Court of Appeals held that a recorded release of an oil and gas lease qualifies as a “savings event” under the Ohio Dormant Mineral Act (R.C. 5301.56) (ODMA). One of the six savings events under the ODMA occurs whenever the mineral interest has been the subject… Continue Reading

Ohio Court Construes the Term “Holder” under the 2006 DMA to include the Heirs and Devisees of the Record Owner

Posted in Energy
Ohio’s Seventh District Court of Appeals recently interpreted the term “holder” under the 2006 version of the Ohio Dormant Mineral Act (R.C. § 5301.56) (“2006 DMA”) and held that the term should be construed broadly to include the heirs and devisees of the record owner of the severed mineral interest that succeed to the severed… Continue Reading

Supreme Court of Ohio Holds 1989 DMA Is Not Self Executing

Posted in Energy
On September 15, 2016, the Supreme Court of Ohio issued a number of decisions concerning the application of the Ohio Dormant Mineral Act (R.C. 5301.56) (DMA). In the lead case, Corban v. Chesapeake Exploration, L.L.C., et al., 2016-Ohio-5796 , the Court held that:  The 1989 version of the DMA was not self-executing (i.e., did not automatically transfer ownership… Continue Reading

Supreme Court of Ohio Decides That Oil and Gas Leases Are Title Transactions Under the Ohio Dormant Mineral Act

Posted in Energy
On November 5, 2015, the Supreme Court of Ohio answered two questions concerning the Ohio Dormant Mineral Act (DMA). In Chesapeake Exploration, L.L.C. v. Buell, the Court held that under the DMA: (1) a recorded oil and gas lease is a title transaction that serves as a savings event that prevents minerals from being abandoned… Continue Reading

Supreme Court of Ohio Accepts More DMA Cases

Posted in Energy
The Supreme Court of Ohio has accepted two more cases involving the Ohio Dormant Mineral Act: Albanese v. Batman and Lipperman v. Batman. In both cases, the Court will consider the following questions of law: 1. Whether the 1989 Dormant Mineral Act was prospective in nature and operated to have a severed oil and gas interest deemed abandoned and… Continue Reading

Supreme Court of Ohio to Hear Oral Arguments in Dormant Mineral Act Case Tomorrow Morning

Posted in Energy
Tomorrow morning at 9:00 a.m., the Supreme Court of Ohio will hear oral arguments in another case involving interpretation of Ohio’s Dormant Mineral Right Act (the “DMA”).  In Walker v. Shondrick-Nau, 2014-0803, the Court will consider the following issues concerning the DMA: whether the 2006 version of the DMA is the only version of the DMA to be… Continue Reading

Supreme Court Rules on Ohio Dormant Mineral Act

Posted in Energy
Today, the Supreme Court of Ohio issued its first decision involving the Ohio Dormant Mineral Act (“DMA”). In Dodd v. Croskey, 2015-Ohio-2362, the Court unanimously concluded that under the 2006 version of the DMA, a severed mineral interest holder can preserve his or her interest in the minerals by either: (a) filing an affidavit of record that identifies… Continue Reading

Supreme Court of Ohio Accepts Wendt v. Dickerson

Posted in Energy
On June 20, 2015, the Supreme Court of Ohio accepted the appeal in Wendt v. Dickerson, a case from Ohio’s Fifth Appellate District involving Ohio’s Dormant Mineral Act (“DMA”). The Court will consider: (1) whether the 2006 version of the DMA is solely applicable in determining the ownership of minerals when the surface owner did not… Continue Reading

Updates on Supreme Court Dormant Mineral Act Cases

Posted in Energy
On Wednesday, May 6, 2015, the Supreme Court of Ohio will hear the oral argument in Corban v. Chesapeake Exploration, L.L.C., et al., a case involving the Ohio Dormant Mineral Act (DMA). The Court will consider the following questions certified from the United Stated District Court for the Southern District of Ohio: Does the 2006… Continue Reading

Ohio Supreme Court Schedules Oral Arguments in DMA Cases

Posted in Energy
The Supreme Court of Ohio scheduled oral arguments in two cases dealing with the Ohio Dormant Mineral Act (“DMA”)–Walker v. Shondrick-Nau and Corban v. Chesapeake. Oral arguments in Corban are scheduled for May 6, 2015 at 9:00 a.m.  Oral arguments in Walker are scheduled for June 23, 2015 at 9:00 a.m. Corban and Walker both… Continue Reading

Supreme Court of Ohio Accepts Appeal in Two DMA Cases

Posted in Energy
As a follow-up to our post from June, the Supreme Court of Ohio accepted the appeal in Swartz v. Householder and Shannon v. Householder, two related cases involving the 1989 version and the 2006 version of the Ohio Dormant Mineral Act (DMA). The Court will consider the following issues: (1)  whether the 1989 DMA is… Continue Reading

OH: Recent 7th District DMA Decisions

Posted in Energy
Recently, the Seventh District Court of Appeals ruled on two cases involving the 1989 and 2006 versions of the Ohio Dormant Mineral Act (“DMA”). In Taylor v. Crosby (September 24, 2014), the court considered whether mineral rights severed in 1971 were abandoned under the 1989 DMA and 2006 DMA. The trial court construed the 1989… Continue Reading