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How much of an effort is “enough” when a surface landowner in Ohio tries to locate the owner(s) of the belowground mineral rights under his or her land using the Dormant Mineral Act (DMA), with an eye toward reclaiming those rights? Is it enough to search the public record archive in only the county where
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David J. Wigham is an Attorney at Roetzel & Andress LPA. Wigham focuses his practice in the areas of oil and gas, general business and corporate, construction, creditor’s rights and real estate. He is a second-generation oil and gas attorney with more than 25 years of experience in the industry.
The Court of Appeals cited the Ohio Supreme Court opinion of Gerrity v. Chervenak, which held that a surface owner must exercise reasonable diligence when searching for mineral holders, and failure to use reasonable diligence precludes application of the DMA.