Recently a young lady of my acquaintance showed to me a copy of a deed wherein her grandparents were required to sell their farm in the 1940's to the Muskingum Watershed for one of their lakes(Piedmont). On this deed there is no transfer or sale of mineral rights and yet I see where this water district is trying to lease these rights that they never paid for. Remember that these kinds of Eminient Domain sales can only be used for a public purpose like the establishment of lakes on the surface. I am interested to see what you folks think but this seems like mineral theft on a large scale, because taking someones mineral rights could not be construed as (A Necessary Purpose) no matter how much times has passed.

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Did the Grandparents have the mineral rights severed or did they sell the land with the mineral rights?

i am with you , but think if mineral rights was not reserved they go with the property in ohio.

I saw nothing specific ,But the mineral rights were not described as being sold and as I said in this type of matter it is probable that only the Public Use could be included as in an Eminient Domain proceeding.I am not an attorney so I advised her to see one. To be honest about it I think that this sort of thing would be better servered as a class action for all the folks in this area.

Sounds like she needs a sit-down with a good mineral rights/oil&gas specializing attorney. How many acres involved?

Did the grandparents have the mineral rights to the property?  A lot of the land surrounding Piedmont was strip mined and the coal companies could have the rights.

unknown but I see no indication that they were severed at an earlier date.

Ohio has an abandoned mineral rights act. This you can Google.  The law says that if land is owned, even without owning the mineral rights, that after 20 years of non activity on the minerals that the mineral rights go to the owner of the surface.

It would also be interesting to see if the land transferred with a reserve.  Also can the state acquire what it is not going to use under eminent domain.

It would be worth checking with a lawyer.  On old lease my show up.  Also there have been some recent adjustments to the law that may benefit you. 

 

Good Luck

 

Good Luck

 

well it does not apply to me personally,I put the subject out for you guys to comment on, as most of you seem very knowledgable on the subject of oil and gas, I hope that all the people that it does effect will benefit from our conversations. I already told the lady in question to contact an attorney but I hope more people become aware of this situation. thanks for your input

I'm pretty sure the Watershed  has signed at least one lease already.

They have and it was on land they bought in 1937 and then sold in 1951 and reserved mineral rights. The land was never used for a public purpose. I agree with Jerry Lee about the need to make it a class action.

ME TOO!

In ohio, if you do not reserve your minerals when you transfer the real estate the minerals transfer with the surface

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