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.