Tomorrow morning at 9:00 a.m., the Supreme Court of Ohio will hear oral arguments in another case involving interpretation of Ohio's Dormant Mineral Right Act (the "DMA"). In Walker v. Shondrick-Nau, 2014-0803, the Court will consider the following issues concerning the DMA:
- whether the 2006 version of the DMA is the only version of the DMA to be applied after June 30, 2006;
- whether the surface owner must have taken some action to establish abandonment of a severed mineral interest under the 1989 version of the DMA;
- the applicable twenty-year look-back period under the 1989 DMA; and
- the relationship between the DMA and Ohio’s Marketable Title Act.
For a summary of Walker, including the Seventh District Court of Appeal's decision, please see our client alert here.