THE OHIO'S DORMANT MINERALS ACT

HAS ANYONE HAVE ANY THOUGHTS OR CURRENT EXPERIENCE WITH THE SURFACE OWNERS TRYING TO REGAIN THEIR MINERAL RIGHTS UNDER THIS ACT ?

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Permalink Reply by David Cain on June 28, 2013 at 11:45am

Fred,

There was a good discussion of this a while back on the site.  Go to 

vested mineral rights

If you are in this situation, I would recommend that you get a good gas and oil attorney to guide you through the process.  If you can get the rights back and you are in a good area it will be worth the money spent.

Permalink Reply by evan on June 28, 2013 at 12:42pm

I had to do this about a year ago. It worked for me . Cost me about a grand though

Permalink Reply by JK on June 28, 2013 at 4:59pm

We just finished a case like this in Maryland 3 weeks ago.

Had we known to go to the court house and file a 'Notice to Preserve" ANY minerals in that county we could have saved over $6000 in legal fees and court costs.

We did manage to win only because the surface owners knew we would not go down without a fight.

It started last October and finished in June.

So, if you can file such a notice in your county, you will save a lot in the end and even be able to sell if you wish.

The one thing with this dormant act is that if there has been no activity in the last 40 years then the surface owners can petition the courts.  This is where you need a good O&G attorney to go back into the records and find any activity, even in adjacent properties that may have come over into your property. It all creates doubt which ends up costing everybody money for the research but improves your position. Good luck.

Permalink Reply by FRED L MAY on June 29, 2013 at 6:30am

THANK YOU,,, PROPERTY IS IN OHIO AND HAVE TURN IT OVER A O & G ATTORNEY. YOU JUST NEVER KNOW SOMETIME HOW THESE THINGS TURN OUT.  

Permalink Reply by RAYMOND bAUMAN on July 1, 2013 at 5:43am

 ohio supream cout has said in numerour decisions reguarding coal rights that once severed always severed

Permalink Reply by Carl Krebsbach on July 3, 2013 at 8:18am

Yeah, kind of odd that coal gets a free ride.  Guess the coal lobby was powerful enough to convince legislators to give them that.  Government corruption at work.

Permalink Reply by Carolyn Fisk on July 1, 2013 at 12:23pm

I was able to get title to minerals on my farm last summer through the Dormant Mineral Act.  It takes a lot of work - I paid $3,500 to a lawyer to do the work

Permalink Reply by FRED L MAY on July 1, 2013 at 2:41pm

I'M ON THE OTHER SIDE .....THANK YOU

Permalink Reply by Carolyn Fisk on July 1, 2013 at 4:15pm

I don't understand what 'on the other side' means.  Carolyn

Permalink Reply by FRED L MAY on July 1, 2013 at 5:46pm

I OWN THE MINERAL RIGHTS FROM INHERITANCE SINCE 1946. NOW BECAUSE OF DRILLING ACTIVELY IN THE AREA THE SURFACE OWNER IS BRING SUIT.I HAVE SIGNED CONTACT WITH STATOIL FOR RIGHTS OF PAYMENT OF ROYALTIES . I UNDERSTOOD YOUR POSITION WAS YOU ARE THE SURFACE OWNER.   

Permalink Reply by Carolyn Fisk on July 3, 2013 at 1:26pm

Yes, surface, but not the underground minerals until last year. However, everybody who ever owned them is dead, so it's a different situation. If you owned from an inheritance, you should maintain ownership.  Carolyn

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