The Ohio Supreme Court has accepted another appeal involving Ohio’s Dormant Mineral Act, O.R.C. § 5301.56: Taylor v. Crosby, 2014-1886.
Taylor concerns the look back period for the 1989 version of the Ohio Dormant Mineral Act (i.e., ‘fixed’ vs. ‘rolling’), and the issue accepted for appeal is:
The 1989 DMA is prospective in nature and operates using a rolling application of the phrase, “preceding twenty years.”
The Ohio Supreme Court, sua sponte, will hold Taylor pending the outcome in Walker v. Shondrick-Nau, a case involving Ohio’s Dormant Mineral Act previously accepted by the Ohio Supreme Court for review. The Oil, Gas & Mineral Law team at KWGD continues to closely monitor the cases pending before the Ohio Supreme Court. Additional analysis of the Dormant Mineral litigation, including the appellate court decision in Walker, may be found here.
NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.
If you have any questions concerning this client alert, please contact Attorney Gregory W. Watts at 330-497-0700.