Ohio’s dormant mineral act passed in 1989 might open the door for some land owners who recently found their minerals were reserved years ago. There is potential for reclaiming the oil & gas minerals if they have gone undeveloped for many years. This is important for everyone in the midst of the Utica Shale boom in Ohio.
Proper legal counsel will be needed in a circumstance such as this one, but don’t count yourself out until you’ve done the research. Find a local Ohio lawyer with experience in Oil & Gas.
There is a way for some property owners to regain their mineral rights, using the state’s Ohio Dormant Minerals Act if the minerals haven’t been used for 20 years.
“They need to go to an experienced attorney,” Hillyer said of people considering this measure.
The law, passed in 1989, outlines several steps property owners must take. First, they must serve a notice of intent to have the minerals declared abandoned. They then must filed an affidavit of abandonment with the county recorder where the land is located. The holder of the mineral rights must take action to preserve those rights. If the holder fails to do so, the law considers the mineral interest abandoned
There are several exceptions to the law. This procedure does not apply to coal resources or minerals held by the federal or state government or any political subdivision.
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