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Supreme Court of Ohio to Determine Whether the Ohio Dormant Mineral Act Supersedes the Ohio Marketable Title Act as to Severed Oil and Gas Interests

By Jay Carr

On January 21, 2020, the Supreme Court of Ohio accepted an appeal from the Seventh District Court of Appeals’ decision in West v. Bode, Case No. 18-MO-0017. The issue accepted for review by the Court is whether, due to a perceived conflict between the statutes, the Ohio Dormant Mineral Act (R.C. 5301.56), being the specific statute, supersedes and controls over the Ohio Marketable Title Act (R.C. 5301.47, et seq.), being the general statute, as to the termination of severed oil and gas interests. The Court's decision should provide some clarity to operators in Ohio regarding the ownership of severed oil and gas interests.

You can read the Seventh District Court of Appeals’ decision here.

Tags: OMTA, Dormant Mineral Act, DMA, Marketable Title Act, MTA, Energy, ODMA

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