On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference to a previously reserved royalty interest is sufficiently-specific to preserve that royalty interest where the… Continue Reading
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Court of Appeals Addresses the Amount of Diligence Required under the 2006 DMA
Posted in EnergyEarlier this week, Ohio’s 7th District Court of Appeals again addressed the amount of diligence required to identify the holders of severed mineral interests under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Sharp v. Miller, 2018-Ohio-4740, the Court reaffirmed its earlier ruling in Shilts v. Beardmore that the 2006 DMA only… Continue Reading
Supreme Court of Ohio Holds 1989 DMA Is Not Self Executing
Posted in EnergyOn 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 Accepts Case Concerning 1989 DMA Look-Back Period
Posted in EnergyOn April 8, 2015, the Supreme Court of Ohio accepted review of Taylor v. Crosby, a case involving the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”). The court will consider whether the 1989 DMA creates a “fixed” or “rolling” look-back period. The case is held for a decision in Walker v. Shondrick-Nau.… Continue Reading
New Seventh District DMA Decisions – Lipperman v. Batman and Albanese v. Batman
Posted in EnergyOn December 12, the Seventh District Court of Appeals issued two companion decisions regarding the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”): Lipperman v. Batman (Case No. 14 BE 2) and Albanese v. Batman (Case No. 14 BE 22). The decisions concerned mineral rights that were severed sometime prior to 1969 and came to… Continue Reading
Supreme Court of Ohio Accepts Appeal in Two DMA Cases
Posted in EnergyAs 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 EnergyRecently, 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