Replies to This Discussion

Permalink Reply by 0i7okn54zwbdo on December 3, 2011 at 1:05am

I know a lawyer who's been doing dormant minerals for the last three years. Friend me if you want his information.

Permalink Reply by Belmontlandowner on December 6, 2011 at 11:09am

I sent the friend request. Can you send me the attorney info. I would appreciate it very much.

Permalink Reply by deutchen on December 27, 2011 at 2:15pm

I'm not on facebook but would you mind emailing me at deutchen@windstream.net. Thanks

Permalink Reply by Finnbear on December 3, 2011 at 6:08pm

Where did you get information that they would automatically vest back in 1992?

Permalink Reply by 0i7okn54zwbdo on December 3, 2011 at 9:34pm

It's a 20 year cycle. If nothing has been done with the minerals in 20 years the surface owner can file to get them back. 1992 is the 20 year point to next year.

Permalink Reply by Finnbear on December 3, 2011 at 10:38pm

I don't believe that is what she was referring to above.

Permalink Reply by 0i7okn54zwbdo on December 4, 2011 at 8:56pm

I reread what she wrote and I agree with your conclusion.

Permalink Reply by Belmontlandowner on December 5, 2011 at 10:53pm

The Ohio Dormant Mineral Rights Act of 1989 provided for the self activating of dormant mineral rights that had no activity or preservation. The revised code in 2006 is what amended the code to provide for notification to mineral rights owners. Since we owned the farn in 1972, and no preserving event occurred in the next 20 years, the rights automatically revert to the surface ower. See the recent article in the OSBA  news dated 11/18/11 by Gregory Russell for more information.

Permalink Reply by Belmontlandowner on December 6, 2011 at 9:02am

Wow - sorry for all of the spelling errors last night. You shouldn't type at 11:30pm. The Web site pertaining to the original code is - www.legislature.state.oh.us/bills.cfm?ID=126_HB_288_PH

This web page shows the original language of the law, then any added language to the bill is underlined, while any voided language is crossed out. Maybe this can help some people who owned their property prior to 2006.

The web site for the OSBA article related to this is - www.ohiobar.org/Pages/OSBANewsDetail.aspx?itemsID=1808 then choose 'all articles' on the right side of the screen and find the article dated 11/18/2011 -  Dormant Mineral Act

 

Permalink Reply by Finnbear on December 6, 2011 at 9:59am

Thanks. I was unaware that the previous version of the law could still be used as an argument to vest those rights back. This is the first reference I've seen to that. I was under the impression that after 2006, the current law had to be used.

Permalink Reply by 0i7okn54zwbdo on December 6, 2011 at 10:44am

Only for land that wasn't grandfathered in by the previous law.

Permalink Reply by Belmontlandowner on December 6, 2011 at 10:46am

If that was the law from 1989 to 2006 when the minerals would have vested back to the surface owner any future law would not apply. Example - if you owned the surface rights in 1975 and no activity or event to preserve those rights occurred in the next 20 years, then in 1995 ( because the 1989 law was in place then) the mineral rights would have vested back to the surface owner automatically. I would appreciate it if you would read the article and let me know if you come to the same conclusion.

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