1. The Ohio Dormant Mineral Act (ODMA) has two different versions, and the variations among Ohio courts in interpreting and applying each version has resulted in a flurry of litigation.

The 1989 version of the ODMA was enacted on March 22, 1989, and is regarded by some Ohio courts as a “use it or lose it” statute. Under the 1989 version, a mineral interest “shall be deemed abandoned and vested in the owner of the surface” if the mineral interest owner did not “use” its mineral rights during a 20-year period. Ohio Rev. Code § 5301.56(B)(1)(c) and (B)(2) (1989). The 1989 version of the ODMA does not specify any procedure for notice to the mineral-interest owner about an abandonment claim, for the holder of the mineral rights to contest the alleged abandonment, or for anyone to record the abandonment.

To read the full article, visit ABA Section of Litigation.