Helping Clients With Their Energy and Environmental Needs


Supreme Court of Ohio Accepts Appeal in DMA Case

By Ilya Batikov

On September 3, 2014, the Supreme Court of Ohio accepted the appeal of the Seventh District decision in Walker v. Shondrick-Nau (fka Walker v. Noon). We have previously covered this case. The Supreme Court will consider several issues concerning the 1989 version of the Ohio Dormant Mineral Act including: 

(1) whether the 2006 version of the DMA is the only version of the DMA applicable after June 30, 2006;
(2) whether the surface owner must have taken some action to establish abandonment of a severed mineral interest under the 1989 version of the DMA;
(3) the applicable twenty-year look-back period under the 1989 DMA and
(4) the relationship between the DMA and Ohio's Marketable Title Act.

We will keep you posted as this case develops.

Tags: Energy

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