The Supreme Court of Ohio rendered its first decision regarding Ohio’s Dormant Mineral Act in the case of Dodd v. Croskey, with significant implications for landowners and owners to mineral rights involving Utica shale.
In a unanimous decision, the Supreme Court ruled June 18 that under the 2006 amendments to the statute, after an owner of surface land gives notice of their intent to declare the mineral interest abandoned, the holder of the mineral rights can preserve their rights by timely filing an affidavit with the county recorder. The affidavit must state the nature of the mineral interest, the recording information upon which the claim is based and that the mineral holder intends to preserve the mineral interest.
This decision has significant implications affecting and preserving the rights of oil and gas mineral holders in Ohio. The law firm McDonald Hopkins represented a group of the mineral holders in this case. More information on the Ohio Supreme Court’s ruling and the Dormant Mineral Act can be found on firm’s website.