Ohio Landowner Wins Case Against Protégé Energy re Restoring Land
An interesting case recently decided by Ohio’s Fourth District Court of Appeals has a significant impact for both surface landowners and drillers. The case is Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC and establishes, under Ohio law, that a general release of damages contract (typically signed by landowners when they lease land for drilling or pipelines) does not release a driller or pipeline company from its ongoing obligation to remediate (fix) and restore damage to a landowner’s property.
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Listen up landowners in Washington County, OH: For some of you, your shale lease may now be owned by someone else. Pin Oak Energy Partners, a relatively young Marcellus/Utica driller based in Akron, OH, has purchased all of Protégé Energy’s Utica Shale leases (and other assets) located in Washington and Noble counties in Ohio, and Wood County in West Virginia. The vast majority of the lease transfers are in Washington County.