Ohio Appeals Court Issues Ruling on Dormant Minerals Act in Advance of Supreme Court Decision

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From Vorys Energy & Environmental Law Blog:
On September 22, the Seventh District Court of Appeals issued a new decision concerning the 1989 version of the Ohio Dormant Mineral Act (1989 DMA). InFarnsworth v. Burkhart, the court reaffirmed its prior decisions in Dodd v. Croskey,Walker v. Noon and Eisenbarth v. Reusser and held: 
1. The 1989 DMA is self-executing;


2. The 1989 DMA creates a fixed, rather than a rolling, look-back period; and


3. A reference to a prior mineral severance in a surface conveyance is not a title transaction savings event. 
What does this mean for the Ohio Supreme Court ruling that is currently awaited?  I guess no one really knows.  The disputes arising around Ohio's DMA will continue to be a somewhat confusing issue until the Supreme Court can (hopefully) provide some clarity.

Here is the actual decision from the Seventh Circuit Court of Appeals:




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