By Jay Carr on Posted in EnergyThe 7th District Court of Appeals in Ohio recently addressed what elements a co-tenant must satisfy to adversely possess a severed oil and gas interest against his co-tenants. See, Tomechko v. Garrett, 2021-Ohio-1377. In Tomechko, the appellants were the owners of the surface and one-half of the minerals. The appellees were the heirs and devisees… Continue Reading
By Jay Carr on Posted in EnergyIn a recent mandamus action, the Supreme Court of Ohio had the opportunity to construe Ohio’s saltwater injection well permitting scheme. See State ex rel. Omni Energy Group, L.L.C. v. Ohio Dept. of Natural Resources, Div. of Oil & Gas Resources Mgt., Slip Opinion No. 2020-Ohio-5581. In Omni, the Court discussed whether (1) the Division… Continue Reading
By Jay Carr on Posted in EnergyThe Ohio Department of Commerce, Division of Real Estate & Professional Licensing (the “Division”), recently informed Ohio’s “land professionals” (i.e., oil and gas landmen registered with the Division) that their current registrations remain valid until July 1, 2021 pursuant to House Bill 404. In order to maintain their registrations, land professionals must renew them no… Continue Reading
By Ilya Batikov on Posted in EnergyOn September 23, 2020, the Supreme Court of Ohio ruled that fact issues prevented a lower court from granting summary judgment to the State of Ohio on a takings claim involving the indefinite suspension of a Trumbull County injection well. See State ex rel. AWMS Water Solutions, L.L.C. v. Mertz, 2020-Ohio-4509. Read more about this decision… Continue Reading
By Jay Carr and Mark Hylton on Posted in EnergyOn June 1, 2020, the Seventh District Court of Appeals once again addressed the level of diligence required to identify holders of a severed mineral interest under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Fonzi v. Gary D. Brown & Eclipse Res., 2020-Ohio-3631, the appellee-surface owner filed his notice of abandonment… Continue Reading
By Jay Carr on Posted in EnergyRecently, in Peppertree Farms v. Thonen, 2020-Ohio-3043, Ohio’s Fifth Appellate District considered whether certain ancient royalty and fee oil and gas reservations terminated upon the grantor’s death. The Court held that they did because the grantors failed to include words of inheritance in their reservation clauses. As a result, each grantor’s reserved oil and gas… Continue Reading
By Jay Carr on Posted in EnergyThe Ohio Department of Commerce, Division of Real Estate & Professional Licensing, recently reached out to Ohio’s “land professionals” (i.e., oil and gas landman registered with the Division) concerning renewing their registerations. Ohio law requires land professionals to renew their registrations annually on or before April 30. However, in light of House Bill 197, land… Continue Reading
By Jay Carr on Posted in EnergyThe United States Court of Appeals for the Sixth Circuit recently ruled that a certain group of landowners were not entitled to have Ohio’s 4-year oil and gas royalty statute of limitation tolled against Chesapeake Appalachia, LLC, finding that Chesapeake did not engage in fraudulent concealment. In Lutz v. Chesapeake Appalachia, L.L.C., No. 19-3315, certain… Continue Reading
By Ilya Batikov on Posted in EnergyOn November 26, 2019, the Supreme Court of Ohio clarified that a declaratory judgment claim that an oil and gas lease terminated for lack of production is subject to the 21-year statute of limitations for recovery of title to or possession of real property in R.C. 2305.04. See Browne v. Artex Oil Co., Slip Op.… Continue Reading
By Ilya Batikov on Posted in EnergyIn July, we wrote about Gerrity v. Chervenak (5th Dist., Guernsey County), involving the level of due diligence that the Ohio Dormant Mineral Act requires surface owners to use when notifying mineral holders of abandonment proceedings. On October 15, 2019, the Supreme Court of Ohio agreed to hear Gerrity. The Court will consider the following… Continue Reading
By Jay Carr on Posted in EnergyThe Seventh District Court of Appeals reaffirmed that claimants can use both Ohio’s Marketable Title Act (“MTA”) and Dormant Mineral Act (“DMA”) to extinguish and abandon, respectively, mineral interests. In West v. Bode, 2019-Ohio-4092, the appellant-surface owners attempted to extinguish a severed oil and gas royalty interest under the MTA. The holders of the royalty interest… Continue Reading
By Jay Carr on Posted in EnergyThe Division of Real Estate & Professional Licensing issued new guidance for Ohio’s Oil and Gas Land Professionals (“Land Professionals”). First, the Division updated its Land Professional Disclosure Form. Ohio law requires Land Professionals to provide this disclosure form to landowners prior to or at its first meeting with landowners. Second, the Division is requesting… Continue Reading
By Jay Carr on Posted in EnergyThe Fifth Appellate District recently addressed whether an internet search to identify / locate the holders of severed mineral interests is always required under Ohio’s Dormant Mineral Act (“ODMA”). See, Gerrity v. Chervenak, 2019-Ohio-2687. In 1965, Jane Richards obtained title to certain severed mineral interests located in Guernsey County, Ohio (“Gerrity Minerals”). In 1997, Ms.… Continue Reading
By Ilya Batikov on Posted in EnergyOn June 19, 2019, Ohio’s Seventh District Court of Appeals decided a case involving the interplay of a private oil and gas lease and Ohio’s statutory unitization law. See Paczewski v. Antero Resources Corp., 18 MO 0016. When signing an oil and gas lease, the original contracting parties struck a voluntary unitization clause. Unable to… Continue Reading
By Jay Carr on Posted in EnergyOhio’s Seventh District Court of Appeals recently held once again that fee oil and gas interests are subject to possible extinguishment under Ohio’s Marketable Title Act (MTA). See Stalder v. Bucher, 2019-Ohio-936. In Stalder, the mineral owners advanced two arguments against extinguishment. First, they claimed that the MTA no longer applies to mineral interests. In… Continue Reading
By Jay Carr on Posted in EnergyOhio’s Seventh District Court of Appeals was recently asked to analyze whether a fee oil and gas reservation can be extinguished under Ohio’s Marketable Title Act (the “MTA”). In Miller v. Mellott, 2019-Ohio-504, two different groups claimed ownership over the oil and gas. The surface owners claimed title under the MTA. The mineral owners claimed… Continue Reading
By Ilya Batikov on Posted in EnergyLast week, the Sixth Circuit Court of Appeals affirmed a lower court decision upholding the constitutionality of Ohio’s statutory unitization procedures. See Kerns v. Chesapeake Exploration, L.L.C., 6th Cir. No. 18-3636 (Feb. 4, 2019). Read more about that decision in our Client Alert.… Continue Reading
By Jay Carr on 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
By Jay Carr on Posted in EnergyYesterday, September 25, 2018, the Supreme Court of Ohio issued the decision of Dundics v. Eric Petroleum Corporation, 2018-Ohio-3826, which could have broad implications for third-party landmen, land companies and oil and gas producers in Ohio. In that decision, the Court held that the Ohio Real Estate Brokers’ statute, R.C. Chapter 4735, applies to transactions… Continue Reading
By Jay Carr on Posted in EnergyThe Supreme Court of Ohio held last week that a proposed voter initiative creating a Community Bill of Rights for the City of Columbus was properly excluded from the upcoming November 2018 ballot. State ex rel. Bolzenius v. Preisse, Slip Opinion No. 2018-Ohio-3708. The initiative, had it been included on the ballot and enacted into law,… Continue Reading
By Ilya Batikov on Posted in EnergyIn Browne v. Artex Oil Co., Case No. 17 CA 20, the Fifth District recently determined that an action to declare an oil and gas lease terminated due to a lack of production was subject to a breach of contract statute of limitations period of either eight or fifteen years (for more, see here). On… Continue Reading
By Ilya Batikov on Posted in EnergyOn June 13, 2018, a federal district court rejected a takings challenge to a unit order issued by the Ohio Division of Oil and Gas Resources Management under the state’s statutory unitization law, R.C. 1509.28 The court found that “the statutory unitization procedure set forth in R.C. § 1509.28 operates to protect the correlative rights… Continue Reading
By Ilya Batikov on Posted in EnergyIn Browne v. Artex (May 31, 2018), Ohio’s Fifth District Court of Appeals held that a claim that an oil and gas lease expired for lack of production is governed by Ohio’s statute of limitation for contract claims—not the state’s longer statute of limitations for recovery of possession of real property. In Browne, the plaintiffs… Continue Reading
By Jay Carr on Posted in EnergyThe Supreme Court of Ohio ruled yesterday that the Mahoning County Board of Elections must place a proposed city charter amendment—the so-called “Youngstown Drinking Water Protection Bill of Rights”—on the May 2018 ballot, which includes several anti-fracking provisions. State ex rel. Khumprakob v. Mahoning Cty. Bd. of Elections, Slip Opinion No. 2018-Ohio-1602. According to the Court, “[t]he… Continue Reading
