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The Supreme Court of Ohio To Address Due Diligence Under ODMA

By Ilya Batikov

In July, we wrote about Gerrity v. Chervenak (5th Dist., Guernsey County), involving the level of due diligence that the Ohio Dormant Mineral Act requires surface owners to use when notifying mineral holders of abandonment proceedings. On October 15, 2019, the Supreme Court of Ohio agreed to hear Gerrity.  The Court will consider the following propositions of law:

Appellant’s Proposition of Law No. I:  R.C. 5301.56 Requires Strict Compliance and a Surface Owner Seeking to Capture a Severed Mineral Interest Must First Attempt Service by Certified Mail before Resorting to Publication.

Appellant’s Proposition of Law No. II: In Order to Satisfy Due Process and the Publication Provision of R.C. 5301.56(E), a Surface Owner Must Employ Reasonable Search Methods Conforming to Due Diligence Designed to Locate All Holder(s) of a Severed Mineral Interest.

In the same order, the Court declined to hear Paczewski v. Antero (7th Dist., Monroe County), which we previously covered here.

Tags: Ohio, Oil and Gas, Energy, Utica, ODMA

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