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

The 1989 Ohio Dormant Mineral Act has now been applied by 6 Judges in 6 different counties.

Tuscawaras - Wendt v Dickerson - Feb 21, 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

They have all concluded that it does apply when reviewing a title and that it was an automatic abandoning.

Go here to read the new decisions.

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Permalink Reply by Ann Koch on January 27, 2014 at 11:15am

Cat,

I suggest Attorney Owen Beetham in Harrison County.  He is extremely

well informed in both  1989 and 2006 Ohio Dormant Mineral Rights litigation.

Good luck, Ann

Permalink Reply by DCG on February 4, 2014 at 5:53am

I'm afraid for Harrison County surface owners as there seems to be a trend in Harrison County Trial Court ignoring the 1989 DMA and upholding the 2006 amended DMA....... It also appears the Harrison County  "powers to be"  have their very own personal interest in old oil & gas reservations!!

Permalink Reply by Marc on February 4, 2014 at 11:07am

If by "Harrison County" you mean the Ohio Court of Appeals for the Seventh District, based in Youngstown, which decided Dodd v. Croskey. And if by "powers that be" you mean judges in Noble, Carroll, Harrison, and Jefferson counties, who subsequently have all properly enforced the 2006 amendments as written. Any old, contrary decisions from other counties within the Seventh District have been effectively overturned by the Court of Appeals.

Permalink Reply by Marc on February 4, 2014 at 3:40pm

Sorry, I meant Monroe County (Bayes v. Sylvester), not Noble.

Permalink Reply by bessieblues on February 5, 2014 at 3:28am

Marc, can you please post the "old contrary decisions" that were overturned by the 7th district? Thanks.

Permalink Reply by DCG on February 5, 2014 at 5:35am

@Marc, by "Harrison County", I meant Harrison County, no other counties, or Ohio Court of Appeals. And by "Powers that be",  I also meant Harrison County powers that be, NO other counties. The powers that be in Harrison have their very own personal interest in old oil and gas reservations.  This is why the 2006 amended DMA is being upheld here........fact.

Permalink Reply by Finnbear on February 5, 2014 at 6:07am

So, how well is that going to hold up when the issue rises to the next level (Ohio Court of Appeals & above)?

Permalink Reply by DCG on February 5, 2014 at 7:21am

Hopefully it doesn't hold up and there is justice in that level. The self-serving good ole boy network in Harrison County needs to be stopped! This is unconstitutional.

Permalink Reply by davy crockett on February 5, 2014 at 7:59am

buc booster,

Try this one; a situation where a reservation occurred in the 80's when the surface property was sold.  Applying the 1989 Act's 20-year period covers a will that was probated in the county court where the parcels reside.  The heirs filed a Certificate of Preservation based upon the will transferring the mineral interest.  The attorney finalizing the will in the 90's missed the reservation, therefore no Certificate of Transfer was filed.  

The current surface owner states that even though the will was probated and could be considered a 'title transaction' by will (Marketable Title Act), the mineral interests were not transfered to the heirs because the below definition of 'title transaction that has been filed or recorded in the office of the county recorder' wasn't properly filed with a Certificate of Transfer.  Also, the current surface owners do not have to comply with the 2006 Act because the mineral interest were already vested back with the surface rights prior to the property being purchased after 2006.

 

So, after all this, is it considered 'not harmful' to the heirs that because a $50 Certificate of Transfer wasn't filed they should lose their mineral rights because the attorney finalizing the will missed the reservation?  Someone should be responsible and it doesn't follow common sense that a form that wasn't filed by the law clerk OVERRIDES the will which clearly transfers property.

 

Thoughts?  Anyone?

 

 

 

1989 Dormant Mineral Act

(i) The mineral interest has been the subject of a title transaction that has been filed or recorded in the office of the county recorder of the county in which the lands are located;

Permalink Reply by Finnbear on February 5, 2014 at 9:06am

Sue the responsible party (the law firm that dropped the ball)?

Permalink Reply by davy crockett on February 5, 2014 at 11:11am

It's just mind boggling how many different arguments can exist from the Dormant Mineral Act's language and it doesn't seem plausable that they can or will all be contested to the Ohio Supreme Court.  I agree that the state has a right to collect from the development of the minerals and a method has to be in place so the minerals can be developed, but if a reservation occurred and an heir exists and comes forward, the heir(s) should continue to own the mineral rights until they no longer want them.  Is that too simple of an explanation for a law?

 

Finnbear;  That was my first thought, but the law firm doesn't exist. Even then, I'm sure the law firm would've had some fine print in the contract to cover their arse.

Permalink Reply by Finnbear on February 5, 2014 at 11:31am

Is that attorney no longer living?

Also, I'm a little foggy on this statement:

I agree that the state has a right to collect from the development of the minerals...

What do you mean by that in reference to the DMA?

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