M Thomas
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Automatic Vesting of 1989 Ohio Dormant Mineral Act - Recent Court Cases

There is a new Belmont County case, which speaks extensively about the 1989 ODMA, automatic vesting, and the nature of the vested right that it gave surface owners.It came out last October…Continue

Started Jan 16

1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties
98 Replies

The 1989 Ohio Dormant Mineral Act has now been applied by 6 Judges in 6 different counties.Tuscawaras - Wendt v Dickerson - Feb 21, 2013Monroe - Eisenbarth v Reusser - June 6, 2013Jefferson - Shannon…Continue

Tags: 1989, act, mineral, dormant, ohio

Started this discussion. Last reply by Finnbear Jul 2.

Another Judge affirms the "automatic" nature of the 1989 Ohio Dormant Mineral Act and applies it in a recent case
1 Reply

So far all cases that have decided on the 1989 version of the Ohio Dormant Mineral Act in the state of Ohio seem to have unanimously concurred that the 1989 is automatic and that it is to be applied…Continue

Started this discussion. Last reply by M Thomas Jun 24, 2013.

Court Rules 1989 Version of Dormant Mineral Act Vested Mineral Rights in Surface Owner
43 Replies

Just saw this new case concerning the Ohio Dormant Mineral Acthttp://www.ohiodormantmineralact.com/Wendt v DickersonIt seems like any mineral…Continue

Started this discussion. Last reply by E Johnson Mar 28, 2013.

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Finnbear replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"Under the 89 version, any minerals that were dormant for 20 years or more were to "expire" and be automatically vested back with the surface owner after 20 years or more of no activity. If the mineral holder intended to preserve them, they…"
Jul 2
evan replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"In my opinion I think your right , the 89 law is kind of in place until the 2006 law took place. Touchy subject for sure"
Jul 1
Gwen S replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"Hello, I just finished my first year of law school and began an internship this summer in which I have written and edited some title opinions in Carroll County. The partners at the firm that I am doing work for have asked me to analyze Ohio DMA…"
Jun 30
M Thomas replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"There is now another appellate case finding in favor of the automatic vesting of the 1989 DMA and thus the plain language of the statute -Swartz v Householder. The case hails from Jefferson County and the new appellate decision from the 7th…"
Jun 4
M Thomas replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"There is another trial court case affirming that the 1989 ODMA was an automatic abandonment. The issue for this one revolves around whether a recorded will is a savings event or not and whether the 20-year-look-back period is fixed or…"
May 2
Randy Lollini replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"My minerals where reserved in 1963. I had an attorney file for abandoned rights. They filed a preservation but listed no savings event. My attorney recorded our paper work at the court house and said I am basically in limbo until we have a…"
Apr 26
M Thomas replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"A new trial court case, Schucht v Bedway Land, was decided on April 21 in Harrison County. It basically is one of the first trial court cases after the Walker v Noon appellate case. It holds that 1989 ODMA applies and that it was an automatic…"
Apr 25
M Thomas replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"In Walker v Noon, the 7th District has rightly found that 1989 ODMA was in fact an automatic abandonment and that the 2006 version does not apply retroactively, but prospectively.This is definitely an epic moment in the development of Ohio's…"
Apr 9
Magnetron12 replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"All of these cases involve single parcels. Does anyone have any ODMA information regarding mineral right owners of multiple parcels? Indiana"s DMA appears to give them more leeway and I question whether Ohio may follow their lead?"
Mar 17
bessieblues replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"Check out yet another case in favor of the 1989 dormant act. Reservation of Mineral Rights in 80 year old deed is abandoned by operation of law SCOTT SIMPKINS THURSDAY, MARCH 6, 2014 AT 4:34PM On February 21, 2014, the Monroe County Court of Common…"
Mar 15
M Thomas replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"Here's a new case to follow, identical to the Chesapeake v Buell case: The village of Jewett  in Harrison County is suing North American Coal and Chesapeake arguing that the mineral rights vested according to the 1989…"
Feb 24
Magnetron12 replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"I agree the use it or lose it statue is too harsh considering the mobil society we live in. People are constantly moving out of state or within and trying to keep track of every asset becomes cumberson."
Feb 12
ryan c replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"The 1989 DMA came in effect to quiet old mineral reservations where people passed away and there was no one to claim the minerals... So that way all of the minerals for that property can be used. The surface owner pays for the property and…"
Feb 12
Dee replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"Some discouraged it as a nuisance. I had several recorders roll their eyes when I went in to record our mineral rights. Why bother, there is nothing there, and such statements. One Court employee openly ridiculed me when I bought some mineral rights…"
Feb 12
Dee replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"If I own something and am not using it, whether it was given to me or I bought it; nobody has the right to take it. The law was put in place to make it easier for the O&G folks to lease. That was stated in the news articles of time. It is not…"
Feb 12
ryan c replied to M Thomas's discussion '1989 Ohio Dormant Mineral Act now applied by 6 Judges in 6 different Counties'
"All the counties at that time had the tax parcels for the minerals. People just didn't want to pay the tax for something that wasn't worth anything at the time. "
Feb 12

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What is your role in the Marcellus?
Business Owner
Which state(s) are you following?
West Virginia, Ohio
What shale plays do you follow?
Marcellus, Utica

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