Dormant Mineral Act Archive

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 […]

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 […]

Ohio Supreme Court to Decide Future (and Past) of Ohio’s Dormant Mineral Act

Of the many oil and gas disputes pending before the Ohio Supreme Court, some of the most interesting involve the interplay of the notice and vesting rights under the two iterations of Ohio’s Dormant Mineral Act (DMA). The first version of the Act, which was passed in 1989 and became effective in 1992, provided that […]

An Oil and Gas lease IS a Title Transaction: the Ohio Supreme Court decides Chesapeake v. Buell

On November 5, 2015, the Ohio Supreme Court issued its opinion in the Chesapeake Exploration, L.L.C. v. Buell1 case. The Buell case arose before the court upon the request of the U.S. District Court for the Southern District of Ohio to certify two questions of Ohio law: (1) is the recorded lease of a severed […]

Oil + Gas Law for Beginners: Understanding the Mineral vs. Royalty Distinction

Instruments that convey oil and gas interests can be difficult to interpret. Frequently, industry terms of art are used interchangeably, and the intent of the drafters is difficult to determine, particularly with very old instruments. One common source of confusion is the language used to convey or reserve mineral and royalty interests. A “mineral interest” […]