Ohio Supreme Court Confirms that Development Satisfies Delay Rental Requirements

In a unanimous decision issued June 1, 2017, the Ohio Supreme Court affirmed the rights of lessees in Bohlen et al. v. Anadarko E&P Onshore, L.L.C.; Alliance Petroleum Corporation et al. The lease at issue in Bohlen included a one-year primary term with a $5,500 delay rental. Given the one-year primary term, the terms “bonus” […]

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Sparse Evidence Found Sufficient to Prove Continuous Production

In one of the court’s final decisions of 2016, the Ohio Court of Appeals for the Seventh District considered what evidence was sufficient to demonstrate production satisfactory to maintain an approximately 121 year old oil and gas lease in Potts v. Unglaciated Industries, Inc., 2016-Ohio-8559. The suit in Potts involved the current landowners’ claims for […]

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Different Decisions Delivered for 2 Pipelines Seeking Right-of-Way in Ohio

Oil and gas pipeline companies’ ability to use Ohio’s eminent domain laws to acquire construction rights-of-way were recently the subject to two Ohio court decisions with very different outcomes. In a highly publicized ruling, the Court of Common Pleas of Wood County, Ohio ruled in Kinder Morgan Utopia, LLC v. PDB Farms of Wood County, […]

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Decisions Reached on Ohio’s DMAs

Ending the suspense last week, the Ohio Supreme Court issued decisions in fourteen pending appeals of lower court decisions related to the effect of the Ohio Dormant Mineral Act (“DMA”) on leasehold rights in Ohio. The Court answered several questions that oil and gas industry professionals, lawyers, and judges have all struggled with since the […]

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Ohio Appeals Court Upholds Personal Liability for $4.7 Million Penalty

C&D Disposal Technologies, LLC (“C&D Disposal”) operated a construction and demolition debris landfill in southeastern Ohio. The landfill had a difficult operating history, allegedly accepting illegal solid waste and used tires, being filled beyond its permitted capacity, and a host of other alleged violations. After a trial on the merits, the trial court found C&D […]

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