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Oil & Gas OH Supreme Court

Bricker Graydon LLP

Nexus Pipeline Settlement Update

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The Nexus Pipeline (Nexus), which transports natural gas from eastern Ohio to Canada, was placed in-service in 2018. Nexus appealed its initial tax valuation in November 2019 and ultimately reached a settlement regarding tax...more

Oliva Gibbs LLP

Third Time’s a Charm: Ohio Supreme Court Remands Case for Failing to Follow Instructions

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In August 2016, AWMS Water Solutions, L.L.C., AWMS Holdings L.L.C., and AWMS Rt. 169, L.L.C. (collectively, “Appellants”) filed their original writ of mandamus to commence property-appropriation proceedings since, in their...more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

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Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

Roetzel & Andress

What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

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On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment. ...more

Steptoe & Johnson PLLC

Ohio Supreme Court Decision Provides Further Clarity on the Common Law Distinction Between a Reservation and an Exception

On February 15, 2022, the Supreme Court of Ohio issued its decision in Peppertree Farms, L.L.C., et al. v. Thonen, et al., providing further clarity on the common law distinction between a “reservation” of a property interest...more

Roetzel & Andress

One Less Way for Ohio Landowners to Challenge Royalty Severances

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On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more

K&L Gates LLP

Navigating Ohio's Wild West: Exceptions to the Marketable Title Act

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Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Provides Some Clarity on the Specificity Required to Reserve Interests Under the Marketable Title Act

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On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more

Roetzel & Andress

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

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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

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Roetzel & Andress

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

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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

Bricker Graydon LLP

Ohio Supreme Court holds that both the MTA and DMA apply to mineral interests in West v. Bode

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Ohio oil and gas stakeholders received another landmark decision from the Ohio Supreme Court in West v. Bode, 2020 — N.E.3d — 2020 WL 7049820 2020-Ohio-5473. Specifically, the Court held that both the Marketable Title Act...more

Roetzel & Andress

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

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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

Roetzel & Andress

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

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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

Bricker Graydon LLP

Ohio Supreme Court decides: FirstEnergy grid modernization rider unlawful

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On June 19, 2019, in a 4-3 decision favorable to Ohio consumer interests, the Ohio Supreme Court reversed the Public Utilities Commission of Ohio’s (PUCO) order that allowed FirstEnergy to collect between $168 million and...more

Steptoe & Johnson PLLC

Ohio Governor Signs Law Exempting Landmen from Licensing Requirement

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On December 19, 2018, Ohio Governor John Kasich signed Ohio Senate Bill No. 263, which amended O.R.C. 4735.01 to exempt oil and gas land professionals (landmen) from the real-estate licensing requirement made necessary by the...more

Bricker Graydon LLP

Ohio Supreme Court: Oil and gas royalty reservation preserved under the Ohio Marketable Title Act

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On December 13, 2018, in Blackstone v. Moore, 2018-Ohio-4959, the Ohio Supreme Court ruled that a reference that includes the type of interest created and to whom the interest was granted is sufficiently specific to preserve...more

Steptoe & Johnson PLLC

Ohio Supreme Court Upholds Land Professional Licensing Requirement

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On September 25, 2018, the Supreme Court of Ohio issued its opinion which held that oil and gas land professionals must be licensed as real estate brokers in Ohio if they are engaged in obtaining oil and gas leases for other...more

Bricker Graydon LLP

Ohio law requires oil and gas land professionals to hold broker’s license to be compensated

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On September 25, 2018, the Ohio Supreme Court issued its decision in Thomas Dundics v. Eric Petroleum, Slip Opinion No. 2018-Ohio-3826, holding that the plain language of Ohio Revised Code 4735.01 does not exclude oil and gas...more

Bricker Graydon LLP

Ohio Supreme Court denies writ of mandamus in dispute involving ODNR

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The Supreme Court of Ohio on January 30, 2018 issued an opinion in State ex rel. Kerns v. Simmers, Slip Opinion No. 2018-Ohio-256, denying a writ of mandamus seeking to compel the Chief of the Ohio Department of Natural...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

Bricker Graydon LLP

Ohio Supreme Court refuses to recognize an implied covenant to explore further

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On January 3, 2018, the Supreme Court of Ohio issued an opinion in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Bricker Graydon LLP

Ohio Supreme Court affirms dismissal of landowners’ complaint in oil and gas dispute

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The Supreme Court of Ohio issued an opinion on January 3, 2018 in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Roetzel & Andress

Ohio Supreme Court Rules in Landowner Royalty Case

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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

McGuireWoods LLP

Ohio Supreme Court: Form Oil and Gas Lease Not Void as Against Public Policy

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Earlier this week, in an unsurprising but nevertheless meaningful decision, the Ohio Supreme Court unanimously ruled that the standard form oil and gas lease at issue was not “perpetual,” and thus was not void as against...more

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