Case Affecting Surface & Mineral Owners Goes to OH Supreme Court

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rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by Ohio Dormant Minerals Act (DMA).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 2019, 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 2019, reaffirming yet again that yes, MTA applies to mineral rights (see Ohio Court Rules Marketable Title Act Applies re Mineral Rights). The Seventh Circuit ruled in a third case in October 2019 to say YES, the MTA still applies (see Court: OH Marketable Title Act & Dormant Mineral Act Don’t Conflict). Now the Ohio Supreme Court will rule on the matter.

Please Login to view this content. (Not a member? Join Today!)
You do not have permission to view the comments.

Please Login to post a comment