Replies to This Discussion

Permalink Reply by Philip Brutz on October 28, 2014 at 9:34am

Did your great-great grandfather have the option to sever the mineral rights before he was forced to sell the surface?

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Permalink Reply by Carl Krebsbach on October 28, 2014 at 9:45am

Good question!  If no one else kept their mineral rights, maybe that option was not given.  And does the fact that the farm would have been off limits to develop the mineral rights (being underwater) until now that technological advances allow horizontal drilling.....about 80 years later, have any bearing?

I would think there would be a LOT of people in this same position, although if they sold without contesting the taking in court, their basis for litigation would be weaker, it seems.

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Permalink Reply by Carl Krebsbach on October 28, 2014 at 2:15pm

whoops, just one great, not two.  lol

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Permalink Reply by jason irvine on October 29, 2014 at 12:36pm

I would investigate that. There could be a argument that the family is entitled to the minreal rights and money.

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Permalink Reply by Mike Murphy on October 30, 2014 at 1:52am

Best thing you can do is get a lawyer to look at this stuff and see if you have any ground to stand on 

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Permalink Reply by Jim Litwinowicz on October 30, 2014 at 2:26am

Similar situation for all the interstate highways.  The land was taken by eminent domain but it wasn't clear of that included mineral rights.  So much time has passed that it would make for an interesting court case. Unfortunately, that means lots of money and lots of time involved.

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Permalink Reply by Frank Walker on November 2, 2014 at 1:15pm

Carl

It might be worth a fight.  I'm assuming the MWCD took the land forcibly in service to (what they maintained back then was) a greater public need.  But it's most likely that perceived need related solely to surface issues.  If your ancestor had good, unchallenged, title prior to the MWCD action, you would argue that seizure of his mineral rights exceeded any possible public need back at time of the takeover, and was therefore improper and illegal.

Obviously you will need a fine lawyer to argue this for you.  If you're unable to afford a lawyer, perhaps you might be able to find one who would bring an action on your behalf in return for a share of whatever recovery you are able to bring about.

I would be interested to learn why the land was forcibly taken.  Quite a bit could hinge on that.

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Permalink Reply by jason irvine on November 2, 2014 at 1:59pm

Plus that could be a huge class action. If they would put one together it could be the largest ever. Think about how big of a can of worms that could.open up. I think it needs opened and if I were on the jury making decisions the money would go to the people who it was taken from.

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Permalink Reply by Ron Lampe on November 2, 2014 at 3:02pm

MWCD was formed for flood control and not to make huge profits. They seem to have lost sight of their mission.

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Permalink Reply by Ron Lampe on November 2, 2014 at 4:04pm

MWCD has thousands of acres of lower mineral rights in northern Tuscarawas County that they reserved. This is on properties that were never for public use and that they bought and later sold.

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Permalink Reply by Frank Walker on November 3, 2014 at 3:17am

Your post raises something I completely missed.  The OP's ancestor was paid for the land, however inadequately.  That's going to provide the government more of a basis for their ownership.  This is still worth fighting, though, IMHO.

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Permalink Reply by Dexter Green on November 3, 2014 at 6:54am

Eminent domain compensation is for the value of the land at the time it is taken, not for the possible value 80 years later.  I can't see any scenario where you'd have an argument to reclaim the mineral rights.

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