Finally a Decision
Looks like a Victory for Mineral Holders:
CONCLUSION {¶ 37} We hold that a mineral-interest holder’s claim to preserve filed pursuant to R.C. 5301.56(H)(1)(a) is sufficient to preclude the mineral interests from being deemed abandoned if filed within 60 days after notice of the surface owner’s intent to declare those interests abandoned. We therefore affirm the judgment of the court of appeals on this issue alone, and the appellants are precluded from declaring the mineral interests abandoned under the Dormant Mineral Act. Judgment affirmed.
http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2015/2015-Ohio-2362...
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Replies to This Discussion
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Permalink Reply by Barb Smith on -
very interesting
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Permalink Reply by deutchen on
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My impression was that the chief justice definitely sided with the mineral owners. Judge Phieffer seemed to be on the side of the surface owners. Nobody else seemed to lean one way or the other as far as I could tell.
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Permalink Reply by bessieblues on
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I agree deutchen. The chief has been stuck on the mere mention of old reservations in the chain of title all along. The chief can like it or not, but applying the 89 DMA or the 06 DMA is not a matter of choice, rather a chronological task. I believe the Supreme Court is definitely more informed on the DMA issues since the oral arguments on Dodd v. Croskey. Interesting to me that none of the attorneys in any of these cases has explained to the chief the difference between a typical 40 year title search and a mineral search.
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Permalink Reply by Ann Koch on
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My thoughts exactly. I loved the Chiefs final question asking if there are any other instances where a person could simply just take away another persons property without compensating the property owner. The answer was "No".
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So...I file for abandonment ....2 different parties come forward and say they want to preserve their rights based on a reservation from 1911 and 1948 ......they don't say how much they are entitled to or how they are entitled to it....but according to the 2006 dma all they have to do is file an affadavit and it stops in my tracks as far as abandonment goes.......unless I want to spend a lot of money making them prove their claim is legit the minerals are locked up stuck
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Permalink Reply by Magnetron12 on
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It sure appears that the intent of ODMA 2006 states exactly that. Unless of course you took some action before it was published to prove abandonment.
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