Bricker lawyers explain Ohio's Dormant Minerals Act

Marcellus Drilling News, a publication that reports on issues related to shale drilling in the northeastern United States, featured a video of Bricker & Eckler attorneys explaining the Ohio Dormant Minerals Act (DMA).

As the article explains, there are two DMAs in Ohio: one passed in 1989 (effective in 1992) and one passed in 2006 which added certain additional procedural requirements to the 1989 version. The DMA in its various versions provides for mineral rights that had previously been separated from surface rights to transfer to the surface owner under certain conditions.

The challenge is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. A case now sits with the Ohio Supreme Court, Walker v. Noon, that will sort out these important issues. Bricker attorneys Dan Gerken and Ryan Smith discuss the issues at hand in this video.