OH Supreme Court Makes Mineral Rights Disputes More Confusing

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rights, can be used to return previously severed mineral rights back to a surface landowner, or whether the MTA is superseded by the Ohio Dormant Minerals Act (DMA). In February 2019, Ohio’s Seventh District Court of Appeals said the MTA *does* still apply to mineral rights. The Seventh Circuit then ruled in a second case in April 2019, reaffirming yet again that yes, MTA applies to mineral rights. The Seventh Circuit ruled in a third case in October 2019 to say YES, the MTA still applies. In April, the Ohio Supreme Court agreed to hear and rule on the matter too (see Case Affecting Surface & Mineral Owners Goes to OH Supreme Court). The Supremes ruled earlier this month, making the issue even more confusing.

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