Ohio Supreme Court issues ODMA ruling in Chesapeake v. Buell

On November 5, 2015, the Ohio Supreme Court took its first step towards resolving the significant uncertainty surrounding the Ohio Dormant Mineral Act (ODMA). The court issued its opinion in the case of Chesapeake Exploration, LLC v. Buell, 2015-Ohio-4551. The slip opinion can be found here. While numerous ODMA cases remain pending before the Court, this opinion begins to shed light on how the court will analyze and interpret issues…

Questions remain regarding probate transfers as savings events under ODMA

Ohio’s first producing oil well was drilled in 1860. As production increased over time, oil and gas ownership rights became more valuable, and many historical real property owners began to sever those rights from the surface of their real property. These severed oil and gas rights were often passed down from generation to generation, by testate or intestate succession, leading to fractional ownership interests. It became increasingly difficult and burdensome…