Category Archives: Oil & Gas Law
Ohio Does Not (Any Longer) Recognize An Implied Covenant to Explore Further, An “At The Well” Royalty Calculation Decided Favorably to Operator
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On January 3, 2018 the Ohio Supreme Court, in Alford v. Collins-McGregor Operating Company, 2018-Ohio-8, again supported oil and gas well developers and pounded one more nail in the landowner’s coffin. If you reviewed prior blogs, you know that the Ohio Supreme Court has consistently ruled against...
OHIO DORMANT MINERAL ACT HAS BEEN RESOLVED AND THE CASE LAW WILL NOW BECOME “DORMANT”
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On September 15, 2016, the Ohio Supreme Court in Corban v. Chesapeake Exploration L.L.C., 2016-Ohio-5796 ruled that the 1989 version of the Ohio Dormant Mineral Act (“DMA”) did not operate automatically to allow severed oil, gas and mineral rights to be deemed abandoned and vested in a surface owner. ...
RECENT COURT DECISIONS REGARDING OIL AND GAS LEASES AND THE OHIO DORMANT MINERAL ACT
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In our June 25, 2015 blog we discussed the important decision that had just been rendered by the Ohio Supreme Court interpreting R.C. § 5301.56, the Dormant Mineral Act (“DMA”). In Dodd v. Croskey, 2015-Ohio-2362, the Court held that if a claim to preserve is filed by the mineral interest...
SUPREME COURT SUPPORTS MINERAL INTEREST HOLDER
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SUPREME COURT SUPPORTS MINERAL INTEREST HOLDER In an earlier blog, on February 6, 2015, we noted the Ohio Supreme Court had accepted for review five Dormant Mineral Act cases to determine whether a severed mineral interest can be reattached and become part of the surface owner’s property rights. Since...
DORMANT MINERAL ACT UPDATE
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DORMANT MINERAL ACT UPDATE Since our last update regarding Dormant Mineral Act cases pending in the Ohio Supreme Court, the Supreme Court accepted for review two cases involving the earlier version of the Dormant Mineral Act (R.C. § 5301.56),. The Supreme Court accepted Eisenbarth v. Reusser and Dahlgren...
Statewide Oil and Gas Regulation Trumps Home Rule
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On February 17, 2015, in a much awaited decision, the Ohio Supreme Court issued its opinion in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485. In a four to three decision, the court held that the comprehensive oil and gas regulatory scheme found in Ohio Revised Code Chapter...
Oil and Gas Update for 2015
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The Ohio Supreme Court has made it clear they have a keen interest in resolving legal disputes regarding detached or severed mineral interests, enforceability of oil and gas leases, and the respective rights of property owners and lessees or their assignees who received the right to explore and drill...
Ohio is Making It Tougher to Get Drilling Permits Near Areas with Faults and Seismic Activity
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Ohio has joined the list of states that have implemented new restrictions for drilling permits in the shale deposit regions of the state. The Ohio Department of Natural Resources Director James Zehringer has announced that the Ohio oil and gas law has been modified to require installation of seismic...
Oil and Gas Law Explained by Our Ohio Oil & Gas Lawyers
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Drilling for oil and natural gas is not new in the State of Ohio, but drilling activity is increasing as energy independence becomes more important nationwide. The increase in these activities has resulted in the passage of laws to control where and how the drilling and production process is performed....
Dale Markowitz Presents About Oil & Gas Law News
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Oil and Gas News On August 6, 2013, Dale Markowitz presented to the Utica Landowners Group of Coshocton and Muskingum Counties regarding oil and gas. Issues involving the Dormant Mineral Act, lease forfeiture, leasing, and the importance of obtaining a title exam before leasing were discussed. Joining...
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