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 deutchen on September 30, 2014 at 3:44pm

,

Permalink Reply by M Thomas on October 1, 2014 at 2:47am

The 7th District ruled on the 1989 DMA and found it to be constitutional. Tribett v Shepherd

http://www.ohiodormantmineralact.com/tribett-v-shepherd-7th-district/

Furthermore, the Ohio statute contains a three-year grace period. This three year
period provides holders the opportunity to take action to preserve their mineral
interests. Therefore, for those reasons we find that the 1989 version of the statute is
not unconstitutional. Shepherds argument to the contrary fails.

Permalink Reply by ohioshale on October 1, 2014 at 3:32am

You read the dissent, right?  The central holding pales in comparison.

Permalink Reply by bessieblues on October 1, 2014 at 4:02pm
Looks like a repeat of the last two rants. Degenaro must have some personal interests on this issue.
Permalink Reply by Marc on October 2, 2014 at 4:54am

Impressive logical leap there, bud. Very classy.

Permalink Reply by Marc on October 2, 2014 at 5:01am

'Rant' - definition (see above, bessieblues' comment).

Permalink Reply by bessieblues on October 2, 2014 at 2:11pm
Definition of rant: speak or shout at LENGTH in a wild or impassioned way. Eisenbarth v. Reusser. 26 page rant. Ok we get it , you are against the 1989 DMA judge Degenaro. Farnsworth v. Burkhart. 11 page rant reciting much of what was said in the first case. Tribett v. Shepherd. 24 page rant reciting all of what was said in the first case. A dissenting vote? Yes. 61 pages of "ranting" looks more like an individual with some skin in the game. Just Sayin!
Permalink Reply by Dexter Green on October 2, 2014 at 5:24am

Please post evidence of said personal interest on this issue.  I'd be curious to see how the judge is profiting/benefiting from her ruling.

Permalink Reply by Marc on October 2, 2014 at 5:53am

If you're paranoid (seems to described bessieblues) you don't need evidence that the rest of the world has a personal interest against you. You just know it. It's called 'paranoia'. Congrats bessieb, you just defined two words with a single tweet.

(As if it's even possible to represent your personal interest by casting a dissenting vote that...wait for it...doesn't change the outcome of the case in...wait for it again...a lower court of appeal that doesn't even have the final say on the issue of the DMA. So if we're counting the ways that bessieblue's comment is retarded, we're now up to 3. Or is it 4? Hard to keep track after a while)

Permalink Reply by deutchen on October 2, 2014 at 5:39am

Yea. Hopefully her personal interest is wanting to be on the right side of the question of 1989 vs 2006 when it comes thru the supreme court.

Permalink Reply by Den on October 2, 2014 at 11:08am

http://www.sconet.state.oh.us/rod/docs/pdf/7/2014/2014-ohio-4184.pdf

This one reverses lower court ruling, because of fixed lookback, not rolling lookback regarding 1989 DMA.

Also upholds a claim to perserve mineral rights filed under the 2006 DMA.

Also brings up constitutionality of 1989 DMA, but that was not ruled on since decision was reversed without needing that to  come into play for this case.

Permalink Reply by deutchen on October 2, 2014 at 3:26pm
you can read about supreme court case number 2014-0804, corban v chesapeake below.
This is the case that will decide this issue once & for all. The merit briefs of both sides are here to read.:

http://supremecourt.ohio.gov/Clerk/ecms/resultsbycasenumber.asp?typ...

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