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Court of Appeals Issues Significant Mineral Trespass Opinion Upholding Multi-Million-Dollar Future Damages Award

On January 18, 2023, in TERA, LLC v. Rice Drilling D, LLC, et al., --- N.E.3d ----, 2023-Ohio-273, the Seventh District Court of Appeals issued a key decision concerning mineral trespass law in Ohio. The court of appeals...more

Ohio Appellate Court Further Clarifies 'Reasonable Diligence' Standard Under the Dormant Mineral Act

On November 18, 2021, in another significant case involving surface owners who were attempting to abandon severed mineral interests under the Dormant Mineral Act, R.C. § 5301.56, et seq. (“DMA”), the Seventh District Court of...more

Ohio Supreme Court Provides Guidance On Key Marketable Title Act Issue Regarding Preservation Of Severed Mineral Interests

On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more

Ohio Supreme Court Adopts “Reasonable Diligence” Standard For Surface Owners Seeking To Abandon Severed Mineral Interests Under...

On December 17, 2020, in yet another significant case involving severed mineral interests, the Supreme Court of Ohio issued its opinion in Gerrity v. Chervenak, 2020-Ohio-6705. In a unanimous decision to affirm, the Court...more

Ohio Supreme Court Rules That The Marketable Title Act Is Applicable To Severed Mineral Interests

In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473. In a close 4-3 decision, the Court held that there...more

Case Law Update: Ohio Is One Step Closer To Learning Whether The DMA And MTA Both Apply To Mineral Rights

Merit briefs have been filed in a landmark oil and gas case currently pending before Supreme Court of Ohio: West v. Bode, Case No. 2019-1494. And the stakes could not be higher for both surface and mineral owners, because the...more

Ohio Supreme Court To Decide Whether The Ohio Marketable Title Act Applies To Severed Oil And Gas Interests

On January 21, 2020, the Supreme Court of Ohio accepted jurisdiction over West v. Bode, an appeal from the Seventh District Court of Appeals, to decide an important legal issue that should provide much-needed clarity to...more

1/24/2020  /  Energy Sector , Minerals , Oil & Gas

Ohio Supreme Court Applies 21-Year Statute Of Limitations In Oil And Gas Lease Dispute

In the closely-followed case of Browne v. Artex Oil Co., 2019-Ohio-4809, issued on November 26, 2019, the Supreme Court of Ohio ruled that Ohio’s 21-year statute of limitations applies to a landowner’s declaratory judgment...more

Supreme Court Of Ohio Takes Up Oil And Gas Statute Of Limitations Question

Recent litigation over statute of limitations issues in the context of oil and gas leases highlights the importance of diligence when analyzing ownership of mineral rights in the context of the validity of oil and gas leases....more

Ohio Supreme Court Rules in Landowner Royalty Case

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties...more

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