Ohio surface owners with old reservations: You might own your mineral rights

In 1989 Ohio passed  code 5301.56 which dealt with dormant mineral rights. This law was also updated in 2006 which is what most people might be familiar with. The original law passed in 1989 listed saving events that had to happen in order for the mineral rights not to vest back with the surface rights. It required no notification or action to be taken by surface owner. If you own surface rights to a  property  that had no saving events between 1969 and 1989 you could possible own the mineral rights right now. A surface owner used this argument in 2010 after the 2006 amendments to the dormant mineral rights acts had passed requiring notification to mineral owner. The surface owner proved through title and affidavits no saving event occured between 1969 and 1989 and therefore they now owned the mineral rights and the judge ruled in their favor. Case is Wiseman vs Potts. THe defendents in case tried to argue the amended  statue required notification but  plantiffs argument was successful because the mineral rights had automatically vested back in 1989.

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Replies to This Discussion

Permalink Reply by Marc on January 30, 2012 at 1:10am
Permalink Reply by Henry A Troese, Jr on February 2, 2012 at 11:40am

Do you know if PA is going to do something in the same lines as Oh on this matter? My rights were resevered back in 1918 but nothing has been done in over 40 years on my land.

Permalink Reply by Billy Park Whyde on February 2, 2012 at 12:05pm

Hi Henery

   Have you researched back and have a copy of the lease? That's a first move to see what the wording is in the lease. Then track the lease to where it is presently or last know to be.

  When you gather all the info you can then I would seek an attorney. Why pay an attorney $100 and up  per hour to gather information you can find the information yourself? Seek a free consultation and listen closely to what he says. Then I would get a second opinion from a different attorney and judge for yourself what it will cost you to nullify the lease and do it. When your free be dang careful and educate yourself about what your next course of action may be.

Permalink Reply by Henry A Troese, Jr on February 2, 2012 at 1:02pm

I will start doing that, thank you very much

Permalink Reply by Billy Park Whyde on February 2, 2012 at 2:26pm

Your welcome, but thank the web owner it was his making for the ability to exchange info. In here, that info is thought provoking and educational. Knowledge of this whole process is a valuable asset.

Permalink Reply by Belmontlandowner on February 6, 2012 at 4:54pm

How do you use the previous code enacted in 1989 without going to court?  Most of the property in Belmont County and surrounding Ohio counties would most likely fall under the old code so what would be the proper procedure to follow?

Permalink Reply by Billy Park Whyde on February 6, 2012 at 5:08pm

 First off try to get all of the paper work together, you need to do a very through investigation upon the original lease, then you would have to follow the trail. I would suggest if it is possible to have the county recorder certify your copies of that documentation. With data in hand I would go to an attorney with gas and oil experience and tell him or her what you want done . if it is to void the lease verify that reason. My guess is that your attorney could send a letter to the lease holder requesting a release of the lease.  

 You might like to have the attorney spell out what relief you may seek in the event the lease is not released in a timely manner. I think I recall where a public notice can be placed into a newspaper under legal notices and if no response you can take action. 

 I am not a attorney never wanted to be never will. You will need an attorney but you must weigh what the value of such is, He might be able to get r done with a simple letter as the lease holder may not want to put up a fight, I don't know but will wish ya luck and by all means let us know, please.

Permalink Reply by Billy Park Whyde on February 6, 2012 at 5:13pm

buy the way in the area you are in usually a company is utilized to haul the oil off a property, their records would spell out the owner of the well, time of pick up, volume and temperature on a run ticket. That information could be used to document no production of oil. 

Permalink Reply by Hunter on May 5, 2012 at 10:46pm

Here is a good article on the ohio dormant mineral act

 

http://helawfirm.com/?p=447

Permalink Reply by M Thomas on October 2, 2013 at 4:16pm

There are now 8 decisions in 7 counties upholding vested mineral rights under the 1989 version of the Ohio Dormant Mineral Act.


Tuscawaras - Wendt v Dickerson - Feb 21, 2013

Monroe - Marty v Dennis - April 11, 2013

Monroe - Eisenbarth v Reusser - June 6, 2013

Jefferson - Shannon v Householder - July 17, 2013

Columbiana - Bender v Morgan - March 20, 2013

Noble - Walker v Noon - March 20, 2013

Morgan - Wiseman v Potts - June 29, 2010

Belmont - Tribett v Shepherd - July 22, 2013

See http://www.ohiodormantmineralact.com/

Permalink Reply by evan on October 2, 2013 at 5:45pm

You mean the surface owners won and the mineral rights went back to the surface owners? 

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