If Mineral Rights Transferred to Surface Property Owner Before 2006 Legislation, Does Law Apply if Suit Was Filed After 2006?

Hans M. Corban v. Chesapeake Exploration, L.L.C., et al., Case No. 2014-0804

U.S. District Court for the Southern District of Ohio, Eastern Division

ISSUES:

- Does the 2006 version or the 1989 version of the Ohio Dormant Mineral Act (ODMA) apply to a claim filed after 2006 alleging that the rights to oil, gas, and other minerals automatically vested in the surface land holder before the 2006 amendments took effect?

- Is the payment of a delay rental during the term of an oil and gas lease a "title transaction" and "savings event" under the ODMA?