Helping Clients With Their Energy and Environmental Needs


Ohio Supreme Court to Consider Constitutionality of 1989 DMA

By Ilya Batikov

On Tuesday, August 16th, the Supreme Court of Ohio will hear oral argument in Tribett v. Shepherd, a case involving the 1989 version of the Ohio Dormant Mineral Act (1989 DMA).

The Court is currently considering a number of cases involving the 1989 DMA, many of which are stayed pending the court’s decision in Walker v. Shondrick-Nau. But earlier this year, the Court lifted its stay in Tribett on the following issues:

Proposition of Law No. III: Interpreting the 1989 version of the DMA as "self-executing" violates the Ohio Constitution.

  1. The 2006 Version of the DMA Is the Only Version of the DMA to be Applied After June 30, 2006, the Effective Date of Said Statute.
  2. Interpreting the 1989 Version of the DMA as "Self-Executing" Violates the Ohio Constitution.

Proposition of Law No. VII: A claim brought under the 1989 version of the DMA must have been filed within 21 years of March 22, 1989 (or, at the very latest, March 22, 1992), or such claim is barred by the statute of limitations in R.C. 2305.04.

For more on the background of the Tribett case, head over to Court News Ohio. The day’s oral arguments will begin at 9:00 a.m. (Tribett will be the second argument of the day). The oral argument can be viewed live and a replay will also be made available on The Ohio Channel.

Tags: Ohio, Dormant Mineral Act, DMA, Oil and Gas, Energy

Helping clients with their energy and environmental needs

You can expect to find news and breaking legal developments involving the crude oil and natural gas industries, alternative and renewable energy resources, and the latest environmental issues.