Walker v Nau: supreme court case decided in favor of mineral rights owners!!!

Check out the Ohio Supreme Court website to read the decisions. Both Walker v Nau & Corban v Chesapeake have been decided in favor of the mineral rights owners. There is no automatic vesting. Hurray!!!

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Permalink Reply by Joseph-Ohio on September 19, 2016 at 4:25am
Thanks for the clarification Scott.

Best Regards,
J-O
Permalink Reply by Dott on September 19, 2016 at 1:11pm

Scott, But every 20 years you will have to refile a mineral preservation claim unless you have production in order to keep your minerals. Otherwise surface owners can again file a claim, but they do have to try and contact you.  I am always worried they will not find me or say they cannot find me so I will be proactive. My Attorney thought that if there is a Deed for the Mineral Rights that you will not have to refile a mineral preservation claim every 20 years.  We have a Deed with a new parcel number with the County just to be on the safe side. 

 

Permalink Reply by Scott72 on September 19, 2016 at 3:06pm

Thank you...I'll mention that when I talk with my mom next.  Currently, everything is leased, but no production yet.

Permalink Reply by Loretta o'Leary on September 18, 2016 at 12:18pm
Bessie, Are you a surface owner who is trying to "marry" severed mineral rights with the surface?
Just curious.
Permalink Reply by Loretta o'Leary on September 18, 2016 at 3:58am
The absolute correct decision! One cannot take away another's property just because the property owner has not said 'it's still my property'. It does not matter if it is mineral rights or any other property. If I don't drive my car for 20 years, you do not have the right to come take it.
Permalink Reply by Laura on September 18, 2016 at 4:48am
where is the like button?!? Like!
Permalink Reply by jerry lee nichols on September 29, 2016 at 3:49am

the 20 year rule is still in effect, I have a  acre plot that I have owned for many years and the so called mineral owner has neither production or perseveration action within a twenty year period. I can now see what I have to do to remerge oil and gas rights .

Permalink Reply by Scott72 on September 29, 2016 at 3:56am

They will still have 60 days from notice to file the preservation per the 2006 act.

Permalink Reply by stevo on September 18, 2016 at 4:19am

can anybody spell this out in plain language? what exactly does this mean?

Permalink Reply by bo boboski on September 18, 2016 at 4:38am

Good question stevo. Not all of us have been to law school.lol.

Permalink Reply by Laura on September 18, 2016 at 5:08am
I can only tell you how I read it, definitely not a lawyer but it seems that SCO decided that a surface owner (between 89 and 2006) had to file a quiet title action with the courts to declare the minerals were abandoned, if they didn't do that the minerals still belong to the mineral owner, after 2006, that law now applies to all claims and you have to follow the guidelines in the 2006. IMHO only. Lol
Permalink Reply by Joseph-Ohio on September 18, 2016 at 5:38am

I read it applicable to 'severed' minerals only.

Document to prove minerals were 'severed' would be required seems to me.

Also noting no 'quiet title action' was required between 1989 to 2006.

Also important to note that the minerals were 'severed' in the Walker vs. Nau case.

IMHO.

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