Should Oil and Gas Interest on Monroe County Property Return to Landowner?
Harry A. Fonzi III and Linda Grimes v. Gary D. Brown et al., Case No. 2020-0773
Harry A. Fonzi III and Linda Grimes v. Allen B. Miller, M. Craig Miller, and Brenda Thomas et al., Case No. 2020-0861
Seventh District Court of Appeals (Monroe County)
ISSUES:
- Is a mineral interest abandoned and vested in a landowner if the landowner files "an action to quiet title" to the mineral interest under the Ohio Dormant Mineral Act, the law's notice requirements are met, and no savings events apply?
- Does the former mineral interest holder have the burden of establishing that service of the statutory notice was insufficient?
- To establish that service of notice was insufficient, must a former mineral interest holder show that service would have been possible to complete if the landowner had made additional efforts?
- Is insufficient service of notice harmless and irrelevant to whether the mineral interest is abandoned if the mineral holder could present evidence of the mineral interest in court?
- Should Oil and Gas Interest on Monroe County Property Return to Landowner?