The Supreme Court of Ohio has accepted two more cases involving the Ohio Dormant Mineral Act: Albanese v. Batman and Lipperman v. Batman. In both cases, the Court will consider the following questions of law:
1. Whether the 1989 Dormant Mineral Act was prospective in nature and operated to have a severed oil and gas interest deemed abandoned and vested in the owner of the surface if none of the savings events enumerated in ORC Section 5201.56(B) occurred in the twenty (20) year period immediately preceding any date in which the 1989 Dormant Mineral Act was in effect.
2. Whether the act of recording an out-of-state will is a title transaction.
In addition, Lipperman will consider a third question of law:
3. Whether appellants XTO Energy, Inc. and Phillips Exploration, Inc. have standing to appear in the case.
The first question of law is being held for the decision in Walker v. Shondrick-Nau. Briefing on the question of law, along with the third question of law in Lipperman, shall proceed in accordance with the Court’s rules.