Ohio Ruling Leaves Mineral Rights Standard Intact, But Vague

Law360 (January 7, 2021, 5:06 PM EST) -- Hot on the heels of West v. Bode, the other shoe in the world of Ohio oil and gas jurisprudence has finally dropped. Arguably a win for surface owners, the Ohio Supreme Court decision in Gerrity v. Chervenak[1] lays to rest any notion that a surface owner seeking to utilize Ohio's Dormant Mineral Act, or DMA, must engage in an exhaustive, likely futile, search to identify all mineral holders before resorting to publication of the notice of abandonment.

With Gerrity, the Ohio Supreme Court has rejected any bright-line rule and instead kept the status quo. This means the amorphous standard of...

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