Court: OH Marketable Title Act & Dormant Mineral Act Don’t Conflict

There is an ongoing question of whether or not the Ohio Marketable Titles Act (MTA), which impacts Utica shale rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by Ohio Dormant Minerals Act (DMA). In February, Ohio’s Seventh District Court of Appeals said the MTA *does* still apply to mineral rights (see OH Court Says Marketable Title Act Applies to O&G Rights). The Seventh Circuit then ruled in a second case in April, reaffirming yet again that yes, MTA applies to mineral rights (see Ohio Court Rules Marketable Title Act Applies re Mineral Rights). And now the Seventh Circuit has ruled in a third case to say YES, the MTA still applies!

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