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Aaron M. Bruggeman

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    Ohio Supreme Court issues landmark Dormant Mineral Act decisions

    Columbus, Ohio – The Ohio Supreme Court issued a series of landmark rulings in 14 pending cases today. These decisions confirmed that the 1989 version of the Ohio Dormant Minerals Act (DMA) was not self-executing.

    In the lead case, Corban v. Chesapeake Exploration L.L.C., 2016-Ohio-5796, the Court concluded that the “1989 law was not self-executing and did not automatically transfer ownership of dormant mineral rights by operation of law.” Instead, surface owners were “required to bring a quiet title action” prior to 2006 in order to establish abandonment. After June 30, 2006 (the effective date of the 2006 version of the DMA), a surface owner is “required to follow the statutory notice and recording procedures enacted in 2006."

    On September 16, Bricker & Eckler attorneys Matt Warnock and Aaron Bruggeman will host a complimentary webinar to discuss the Court’s decisions in Corban, Walker v. Shondrick-Nau and Albanese v. Batman and the potential impact of those decisions throughout Ohio. Visit the webinar event page to register and to obtain more information.

    Additionally, the firm has published an article summarizing today’s landmark rulings in all 14 cases.