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Tag Archives: Dormant Mineral Act

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 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 of Ohio Accepts Two DMA Cases

Posted in Energy
On March 11, 2015, the Supreme Court of Ohio accepted review of two cases involving the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”): Eisenbarth v. Reusser and Dahlgren v. Brown Farm Properties, L.L.C. Eisenbarth and Dahlgren both concern the issues of whether the 1989 DMA is self-executing, and, if the 1989 DMA… 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: New DMA Case

Posted in Energy
On June 2, 2014, the Seventh District Court of Appeals issued a decision concerning the 1989 version of Ohio’s Dormant Mineral Act (DMA). In Swartz v. Householder, the Court affirmed its earlier decision in Walker v. Noon and found that the 1989 DMA is self-executing, specifically rejecting the trial court decision in Dahlgren v. Brown… Continue Reading

OH: New DMA Cases

Posted in Energy
We thought you might be interested in these two recent trial court decisions addressing the effectiveness of the 1989 version of Ohio’s Dormant Mineral Act – M&H Partnership v. Hines, Harrison C.P. No. CHV-2012-0059 (January 14, 2014); and Gentile v. Ackerman, Monroe C.P. No. 2012-110 (January 13, 2014).  To find out how they come out,… Continue Reading

OH: Re/Leases Can Be DMA Title Transactions

Posted in Energy
In McLaughlin v. CNX Gas Company, Case No. 5:13CV1502 (December 13, 2013), the U.S. District Court for the Northern District of Ohio recently concluded that a release of an oil and gas lease qualified as a title transaction that preserved minerals from being abandoned under the 1989 Dormant Mineral Act (the “1989 DMA”).  The facts were straightforward:  In 1957,… Continue Reading

OH: Some New Cases

Posted in Energy
We thought you might be interested in the following cases out of Ohio: Blazek v. Reserve Energy Exploration (Belmont C.P.):  Finding, for example, that the payment of annual delay rentals during the primary term negates the implied covenant to develop (at least during that period); and that the lessee has no duty to disclose the "true… Continue Reading