The United States District Court for the Southern District of Ohio recently certified two questions involving Ohio’s Dormant Mineral Act (ODMA) to the Ohio Supreme Court:
- Does the 2006 version or the 1989 version of the ODMA apply to claims asserted after 2006 alleging that the rights to oil, gas, and other minerals automatically vested in the surface land holder prior to the 2006 amendments as a result of abandonment?
- Is the payment of a delay rental during the primary term of an oil and gas lease a title transaction and “savings event” under the ODMA?
See Corban v. Chesapeake Exploration, L.L.C., et al., Case No. 2:13-cv-246 (May 14, 2014). While not yet accepted by the Ohio Supreme Court, given the other issues that the Court has agreed to hear recently involving the ODMA, the chances are good that these issues will be as well.
[Update: The Ohio Supreme Court has agreed to answer the questions posted above. See here.]