OH Court: Landowner Can’t Reclaim Rights for ‘Not Enough’ Drilling

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In yet another case of “know what’s in your lease,” an Ohio court (Fifth District Court of Appeals) has upheld the rights of a driller to not develop all portions (or layers) of leased acreage. The case is Bilbaran Farm, Inc. v. Bakerwell, Inc. The plaintiffs, Bilbaran Farm, claimed that the 275 acres they own was not “fully developed” because the driller drilled three wells targeting the Clinton sandstone and then stopped. The landowner alleges after a certain period of time the portions not developed (and obviously won’t be developed by the current driller) should revert back to them so they can re-lease with someone else and have it developed, and that by not doing so they are economically harmed.

The judges of the Fifth District did not agree…

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