Ohio Supreme Court Adopts “Reasonable Diligence” Standard For Surface Owners Seeking To Abandon Severed Mineral Interests Under The Dormant Mineral Act
By EsqSocial Corporation 18/12/20
On December 17, 2020, in yet another significant case involving severed mineral interests, the Supreme Court of Ohio issued its opinion in Gerrity v. Chervenak, 2020-Ohio-6705. In a unanimous decision to affirm, the Court held that surface owners who are attempting to abandon severed mineral interests under the Dormant Mineral Act, R.C. 5301.56, et seq. (“DMA”) must “exercise reasonable diligence to identify all holders of the severed mineral interests…,” and only where a surface owner’s...
By: Roetzel & Andress