Timothy D. Gerrity v. John E. Chervenak, trustee of the Chervenak Family Trust et al., Case No. 2019-1123
Fifth District Court of Appeals (Guernsey County)
ISSUES:
- Does R.C. 5301.56, Ohio's Dormant Mineral Act, require strict compliance when mandating that each holder of a property's mineral interests, or each holder's successors and assignees, be served notice by certified mail of the abandonment of the mineral rights before resorting to publication in a general circulation newspaper?
- To satisfy due process and the publication provision in R.C. 5301.56(E), must a property's surface owner employ reasonable search methods reflecting due diligence to locate all holders of a severed mineral interest?