Replies to This Discussion

Permalink Reply by Finnbear on October 14, 2011 at 11:16am

Which "mineral rights" are you trying to get back?

I don't believe you can get coal rights back through this law.

Were the oil and gas rights specifically reserved? Are they what you want back?

ORC 5301.56 is the section of Ohio Revised Code that defines the procedure.

You can do this yourself IF you FULLY understand the ORC and know how to write the notice and affidavit in the correct legal form. If not, you need to hire a good oil and gas attorney who can do this for you reasonably. The process takes a little over two months, depending on how long it takes to have the title search done.

Permalink Reply by Enzo on October 14, 2011 at 11:22am

I'm trying to get the gas rights.  I purchased the land a few years ago and it had both the "coal and mineral" rights reserved.  Now, all the coal and minerals, as far as I know, were mined 30 years ago and nothing has been done since then, so the mineral rights are eligible for "abbandoned" status.  I would like the "gas" rights so that I can lease the land.  I'm almost sure that even though the land title just list "coal and minerals" as reserved, gas is also included even if not listed. Or am I wrong? 

Permalink Reply by Finnbear on October 14, 2011 at 12:16pm

You need to run that by a good oil and gas attorney - not a general practice attorney, but one who specializes in oil and gas/natural resources law. Normally, oil and gas are specifically reserved, not generically as "minerals".

Permalink Reply by Enzo on October 14, 2011 at 12:28pm

Thank you so much!  I truely appreciate it!

Permalink Reply by Enzo on November 10, 2011 at 8:26am

Another interesting issue.  Regarding the legal definition of "reserved mineral rights" in a land deed or title. This is a very general and unclear term. it would seem that gas and oil could be separate from coal and other "stable/static" minerals. Therefore like Pennsylvania, oil and gas would not be considered "stable/static" elements, and the rights for oil and gas could possibly leased separate from coal and vice versa. Another question is whether the oil and gas originate from the coal in the ground or is the Marcellus and Utica Shale oil and gas coming from another source? It would seem that (according to the Ohio State Attorney Gereral's Office), Ohio does not have a legal and clear definition for "minerals" as it refers to reserved rights in a land title or deed. Whether gas and oil are included in the definition of "reserved mineral rights" in a land title or deed has never been disputed or legally challanged in the Ohio legal system. If gas and/or oil were legally considered separate from coal and other stable/static minerals, a land title or deed listing simply reserved "mineral rights" would be open for legal challenge as to whether oil and gas are included or not.

 

Just an interestiung thought. Any input would be appreciated. 

Permalink Reply by Finnbear on November 27, 2011 at 12:54am

Most coal in SE Ohio is fairly shallow when compared with the Marcelluas and Utica so no, the oil and gas does not originate from the coal. In southern Belmont we have the Pittsburgh #8 coal field which lies around 700 ft below the surface. Marcellus is about 5000 feet below that. Utica lies 8000-10000 feet below the surface in SE Ohio.

Permalink Reply by Finnbear on January 27, 2012 at 10:02am

More reading on the subject in the attached file.

Attachments:

• Crude Awakening.pdf, 1 MB