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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 v. Brown Farm Properties, LLC.

The Supreme Court will consider whether the Dormant Mineral Act is self-executing, and will consider the required look back period to determine if a severed mineral interest has been abandoned.  In Eisenbarth, the Court of Appeals held that an intervening oil and gas lease is a title transaction for the purposes of the 1989 version of the Dormant Mineral Act, which preserved the rights of the severed mineral interest holder.

The Supreme Court has now taken in more cases on the Dormant Mineral Act in the past year than they have received in the last two decades on all oil and gas issues combined.

If you want to learn more about oil and gas well regulations, and the effect of local regulations that may still survive, contact Dale Markowitz at dmarkowitz@tddlaw.com.