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:

  1. whether the 2006 version of the DMA is the only version of the DMA to be applied after June 30, 2006;
  2. whether the surface owner must have taken some action to establish abandonment of a severed mineral interest under the 1989 version of the DMA;
  3. the applicable twenty-year look-back period under the 1989 DMA; and
  4. the relationship between the DMA and Ohio’s Marketable Title Act.

The live oral arguments can be viewed here tomorrow morning.  Once the live oral arguments have concluded, the achieved video can be accessed here.

For a summary of Walker, including the Seventh District Court of Appeal’s decision, please see our client alert here.