Jay Carr

Firm/Organization: Vorys, Sater, Seymour and Pease LLP

Latest Articles

Court Reaffirms Ohio’s Marketable Title Act and Dormant Mineral Act are not in Conflict

October 8, 2019

The Seventh District Court of Appeals reaffirmed that claimants can use both Ohio’s Marketable Title Act (“MTA”) and Dormant Mineral Act (“DMA”) to extinguish and abandon, respectively, mineral interests. In West v. Bode, 2019-Ohio-4092, the appellant-surface owners attempted to extinguish a severed oil and gas royalty interest under the MTA. The holders of the royalty interest argued, in part, that the MTA did not extinguish the royalty interest because, as between the MTA and DMA, the…

Energy & Environmental Law Blog

Update for Ohio’s Oil and Gas Land Professionals

By Jay Carr

September 10, 2019

The Division of Real Estate & Professional Licensing issued new guidance for Ohio’s Oil and Gas Land Professionals (“Land Professionals”). First, the Division updated its Land Professional Disclosure Form. Ohio law requires Land Professionals to provide this disclosure form to landowners prior to or at its first meeting with landowners. Second, the Division is requesting that all Land Professionals complete the disclosure form in its entirety. Specifically, Land Professionals should include the address and tax…

Energy & Environmental Law Blog

Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act

By Jay Carr

July 31, 2019

The Fifth Appellate District recently addressed whether an internet search to identify / locate the holders of severed mineral interests is always required under Ohio’s Dormant Mineral Act (“ODMA”). See, Gerrity v. Chervenak, 2019-Ohio-2687. In 1965, Jane Richards obtained title to certain severed mineral interests located in Guernsey County, Ohio (“Gerrity Minerals”). In 1997, Ms. Richards passed away in Florida and devised all of her real estate to Timothy Gerrity. Although Mr. Gerrity became…

Energy & Environmental Law Blog

Appellate Court Again Holds Ohio’s Marketable Title Act Applies to Fee Oil and Gas Interests

By Jay Carr

April 9, 2019

Ohio’s Seventh District Court of Appeals recently held once again that fee oil and gas interests are subject to possible extinguishment under Ohio’s Marketable Title Act (MTA). See Stalder v. Bucher, 2019-Ohio-936. In Stalder, the mineral owners advanced two arguments against extinguishment. First, they claimed that the MTA no longer applies to mineral interests. In their view, Ohio’s Dormant Mineral Act (DMA) supersedes the MTA because it is the more specific statute as to…

Energy & Environmental Law Blog

Court of Appeals Signals Ohio’s Marketable Title Act Applies to Fee Mineral Interests

By Jay Carr

February 24, 2019

Ohio’s Seventh District Court of Appeals was recently asked to analyze whether a fee oil and gas reservation can be extinguished under Ohio’s Marketable Title Act (the “MTA”). In Miller v. Mellott, 2019-Ohio-504, two different groups claimed ownership over the oil and gas. The surface owners claimed title under the MTA. The mineral owners claimed title through a reservation included in a 1947 deed. The trial court granted summary judgment in favor of the…

Energy & Environmental Law Blog

Supreme Court of Ohio Clarifies Ohio Marketable Title Act

By Ilya Batikov & Jay Carr

December 14, 2018

On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA). See Blackstone v. Moore, Slip Opinion No. 2018-Ohio-4959. In its decision, the Court held that under the OMTA, a deed reference to a previously reserved royalty interest is sufficiently-specific to preserve that royalty interest where the reference identifies the type of interest created and the person to whom the interest was granted. Check out the decision …

Energy & Environmental Law Blog

Court of Appeals Addresses the Amount of Diligence Required under the 2006 DMA

By Jay Carr

November 30, 2018

Earlier this week, Ohio’s 7th District Court of Appeals again addressed the amount of diligence required to identify the holders of severed mineral interests under the 2006 version of Ohio’s Dormant Mineral Act (2006 DMA). In Sharp v. Miller, 2018-Ohio-4740, the Court reaffirmed its earlier ruling in Shilts v. Beardmore that the 2006 DMA only requires a surface owner to exercise reasonable due diligence to ascertain the names and addresses of mineral holders prior…

Energy & Environmental Law Blog

Ohio Supreme Court Denies Compensation to Landman

By Jay Carr

September 26, 2018

Yesterday, September 25, 2018, the Supreme Court of Ohio issued the decision of Dundics v. Eric Petroleum Corporation, 2018-Ohio-3826, which could have broad implications for third-party landmen, land companies and oil and gas producers in Ohio. In that decision, the Court held that the Ohio Real Estate Brokers’ statute, R.C. Chapter 4735, applies to transactions involving oil and gas. Specifically, the Court held that an outside landman must be a licensed real estate broker…

Energy & Environmental Law Blog

Recent oil and gas verdict highlights the importance of FLSA compliance

By Jay Carr

September 24, 2018

Under the federal Fair Labor Standards Act, employees who are covered by the Act’s overtime provisions must receive overtime pay for hours worked over 40 in a workweek at a rate of not less than time and one-half their regular rate of pay. An employee who prevails in his or her lawsuit for unpaid overtime compensation is also entitled to an award of reasonable attorney’s fees and litigation costs. A recent case from the United…

Energy & Environmental Law Blog

Columbus’ Proposed Community Bill of Rights Exceeds the City’s Legislative Power

By Jay Carr

September 18, 2018

The Supreme Court of Ohio held last week that a proposed voter initiative creating a Community Bill of Rights for the City of Columbus was properly excluded from the upcoming November 2018 ballot. State ex rel. Bolzenius v. Preisse, Slip Opinion No. 2018-Ohio-3708. The initiative, had it been included on the ballot and enacted into law, would have “prohibit[ed] most hydrocarbon-extraction activities within the city and impose[d] strict liability on any government or corporation…

Jay Carr

Court Reaffirms Ohio’s Marketable Title Act and Dormant Mineral Act are not in Conflict

Update for Ohio’s Oil and Gas Land Professionals

Ohio’s 5th Appellate District Addresses the Due Diligence Standard Under the Dormant Mineral Act

Appellate Court Again Holds Ohio’s Marketable Title Act Applies to Fee Oil and Gas Interests

Court of Appeals Signals Ohio’s Marketable Title Act Applies to Fee Mineral Interests

Supreme Court of Ohio Clarifies Ohio Marketable Title Act

Court of Appeals Addresses the Amount of Diligence Required under the 2006 DMA

Ohio Supreme Court Denies Compensation to Landman

Recent oil and gas verdict highlights the importance of FLSA compliance

Columbus’ Proposed Community Bill of Rights Exceeds the City’s Legislative Power

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