Wednesday, April 14, 2021
West v. Bode,
1 the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA)
2 and the Dormant Mineral Act (DMA),
3 providing surface owners two simultaneous procedures for terminating long-held mineral estates and reunifying the property. In doing so, the court shot down mineral owners’ arguments that the MTA was superseded by the later-enacted DMA. In light of
West, Ohio courts continue to analyze the specific operations of the MTA, with mixed results for mineral owners.
4
The MTA poses a particular problem for mineral owners and lessees because it operates “automatically,” without the notice requirements and opportunity to cure afforded by the DMA.
Last year in
West v. Bode,
1 the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA)
2 and the Dormant Mineral Act (DMA),
3 providing surface owners two simultaneous procedures for terminating long-held mineral estates and reunifying the property. In doing so, the court shot down mineral owners’ arguments that the MTA was superseded by the later-enacted DMA. In light of
West, Ohio courts continue to analyze the specific operations of the MTA, with mixed results for mineral owners.
4
The MTA poses a particular problem for mineral owners and lessees because it operates “automatically,” without the notice requirements and opportunity to cure afforded by the DMA.