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Babst Calland: Ohio Trial Court Issues Dormant Mineral Act Decision

By Michael T. Altvater

A Harrison County trial court issued a decision in a Dormant Mineral Act case addressing the issue of whether a release of an oil and gas lease is a title transaction affecting and preserving a severed mineral interest from being abandoned. The trial court in Schucht v. Bedway Land and Minerals ruled that a release of an oil and gas lease constitutes a title transaction under the Dormant Mineral Act. The court found that given the nature of the interest conveyed by an oil and gas lease, the release of an oil and gas lease affects title to the mineral interest as well. This conclusion was further supported by Ohio’s lease forfeiture statute (R.C. 5301.332), which provides a mechanism for oil and gas leases to be cancelled of record.

Copyright 2014 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Administrative Watch is privately distributed by Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the Administrative Watch, consult legal counsel.

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