For several years a thorny legal issue in Ohio has been bubbling in the background–the Dormant Minerals Right Act (DMA). In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another 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 problem for both drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. It’s a big problem when drillers are spending sometimes up to $15,000 per acre in lease bonuses, to say nothing of where to send the royalty check. Some drillers are holding back on leasing because of this issue. There are now 12 (!) different cases before the Ohio Supreme Court dealing with the DMA and decisions may come soon for many of them. We get a good overview and update on DMA litigation from the legal beagles at the Bricker & Eckler law firm…
For several years a thorny legal issue in Ohio has been bubbling in the background–the Dormant Minerals Right Act (DMA). In a nutshell, there are two DMAs in Ohio–one passed in 1989 that went into effect in 1992, and another 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 problem for both drillers and for landowners in Ohio, is in knowing which set of DMA rules to use (1989 or 2006) in determining who owns the mineral rights. It’s a big problem when drillers are spending sometimes up to $15,000 per acre in lease bonuses, to say nothing of where to send the royalty check. Some drillers are holding back on leasing because of this issue. There are now 12 (!) different cases before the Ohio Supreme Court dealing with the DMA and decisions may come soon for many of them. We get a good overview and update on DMA litigation from the legal beagles at the Bricker & Eckler law firm…