Helping Clients With Their Energy and Environmental Needs


OH: Some New Cases

By Greg Russell

We thought you might be interested in the following cases out of Ohio:

  • Blazek v. Reserve Energy Exploration (Belmont C.P.):  Finding, for example, that the payment of annual delay rentals during the primary term negates the implied covenant to develop (at least during that period); and that the lessee has no duty to disclose the "true value" of the lease when negotiating over the bonus.
  • Dodd v. Croskey (7th Dist.):  Finding, among other things, that under the 2006 version of the Ohio Dormant Mineral Act, an oil and gas interest “holder” that files a notice of preservation under R.C. 5301.56(H)(1)(a) in response to a surface owner’s notice of abandonment protects the mineral interest from abandonment, even if the holder cannot show any “savings event” under R.C. 5301.56(B)(3).

Read them both.

Tags: Implied Covenants, Dormant Mineral Act, Energy

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