On February 21, 2013, the Court of Common Pleas of Tuscarawas County issued an Order Granting Partial Summary Judgment in favor of the surface owner. The surface owner claimed that the mineral interests had previously been abandoned and vested in the surface owner under the Ohio Dormant Mineral Act in effect as of March 22, 1992. Wendt, et al. v. Dickerson, et al., (Case No. 2012-CV-02—0135). The Trial Court held that the 2006 changes to the Ohio Dormant Mineral Act could not affect ownership of the mineral rights that previously vested in the surface owner under the prior version of the Act. Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. successfully represented the surface owners in their attempt to have title to a dormant mineral interest quieted in their favor pursuant to the prior version of the Ohio Dormant Mineral Act. A copy of the decision can be found by clicking 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.