Ohio Dormant Mineral Act Special Institute

December 12, 2016

Hilton Columbus/Polaris

Program schedule
CLE Credits
Cancellation Policy

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Download the registration form (PDF)

Attendees (PDF)



Register Online

Program schedule

Monday, December 12, 2016
7:00 a.m.  Registration Opens

7:00 – 8:30 a.m. Continental Breakfast


8:30 - 9:15 a.m.  Arguing — Corban: How We Got There; Where Are We Going?

This interactive panel is composed of distinguished attorneys who were intimately involved with the Supreme Court of Ohio’s decisions on the Dormant Mineral Act, and represent the interest of surface owners, mineral owners and lessees. They will discuss the issues before the Supreme Court of Ohio in Corban v. Chesapeake Exploration L.L.C., and the court’s holdings. In addition, they will offer insight as to issues left open by the court, the impact of the court’s holdings and interpretations of the court’s opinion.

  • Moderator: Ilya Batikov, Vorys, Sater, Seymour and Pease LLP, Columbus, OH
  • Nicolle S. Bagnell, Reed Smith LLP, Pittsburgh, PA
  • Matthew Warnock, Bricker & Eckler LLP, Columbus, OH
  • Joseph A. Tarantelli, Chesapeake Energy Corporation, Oklahoma City, OK
  • Clay K. Keller, Jackson Kelly PLLC, Akron, OH






9:15 -10:00 a.m.  Procedure and Pitfalls of the “2006 DMA”

This presentation will focus on savings events, specifically what constitutes a title transaction, after Buell; what efforts are necessary to locate owners prior to notice by publication; and does a lessee/operator have standing to challenge sufficiency of surface owner’s actions under the 2006 DMA.

  • Stefanie L. Burt, Reed Smith LLP, Pittsburgh, PA
  • Gregory W. Watts, Krugliak Wilkins Griffiths & Dougherty Co., L.P.A., Canton, OH







10:00-10:15 a.m.  Break


10:15-11:15 a.m.  Ohio’s Marketable Title Act and the ODMA: Siblings or Distant Cousins?

In light of the Supreme Court of Ohio’s decision in Corban, renewed attention is being paid to the Ohio Marketable Title Act and whether the Act can be used to extinguish severed mineral interests.  This session will discuss the history and purpose of the Ohio Marketable Title Act, summarize how the Act applies, and discuss whether, how, and when the Act operates to extinguish severed mineral interests.

  • James (Jay) A. Carr II,  Vorys, Sater, Seymour and Pease LLP, Columbus, OH
  • Craig E. Sweeney, Bricker & Eckler LLP, Marietta, OH



11:15 a.m.-12:15 p.m.   Understanding Unitization

This session will explain the unitization process in Ohio, discuss practice before the Division, identify potential challenges, and consider its application following the Corban decision.

  • Gregory D. Russell, Vorys, Sater, Seymour and Pease LLP, Columbus, OH


12:15-1:30 p.m. Hosted Luncheon


1:30-2:30 p.m. How Do I . . . Cure Titles to Severed Minerals?

This presentation will focus on resolving issues remaining after Corban, Walker v. Shondrick-Nau and Albanese v. Batman by declaratory judgment, quieting title and probate procedures. Ohio’s Dormant Mineral Act (DMA) adopted in 1989 and amended in 2006 and 2013 provided a basis and procedure for curing title issues under the Marketable Act (MTA) provisions of the Ohio Revised Code. The Ohio Supreme Court’s decisions in Corban, Walker and Albanese clarified some but not all issues raised by lower court decisions. Final resolution of many competing claims to title to severed minerals may be best positioned as quiet title actions, declaratory judgment, partition actions, and probate court proceedings.

  • Scott D. Eickelberger, Kincaid, Taylor & Geyer, Zanesville, OH
  • Ryan H. Linn, Kincaid, Taylor & Geyer, Zanesville, OH



2:30-3:30 p.m. Torts 101 . . . or Not — New Questions Raised by Corban

This session will explore potential tort claims including Trespass and Slander of Title.  Specifically, this session will analyze whether landowners and/or severed mineral rights holders may still find themselves in litigation on such tort claims following the Corban decision and if so, what are some defenses that could be asserted to defend against these claims.

  • Ashley L. Oliker, Frost Brown Todd LLC, Columbus, OH
  • Stephen P. Kocon, Frost Brown Todd LLC, Pittsburgh, PA



3:30-3:45 p.m.  Break



3:45-4:30 p.m.  Handouts and Paybacks: Remedies for Payments Made to the Wrong Party   

So you may have the wrong people leased.  The recent clarification as to scope and applicability of Ohio’s Dormant Mineral Act determined by the Ohio Supreme Court may have left several E&P’s with leases possibly subject to divestiture.  Lessors who have become divested of mineral rights in favor of prior owners may face claims by operators seeking to claw-back lease bonus and royalty payments under several theories, including breach of general warranty of title, illusory contract, mutual mistake of fact, mistake of law, and rescission.  Unlike other producing jurisdictions, Ohio has yet to enact a statute that provides for statutory recovery of payments made to lessors who later become divested of title or who never owned the minerals.  While a surface owner may be required to pursue the procedures of the 2006 amendment to the DMA to clear prior mineral reservations that threaten a lease, this segment will investigate the validity of claims and potential remedies of operators who find themselves in the unenviable scenario of holding a lease held in suspense.

  • Anthony W. Jesko, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA
  • John R. Seeds, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA
  • T. Owen Beetham, Beetham Law Office, Cadiz, OH




4:30 p.m.  Adjourn


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EMLF has not blocked hotel guest rooms for this educational event. Go to the hotel website for accommodations or call 614.885.1600.

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Registration fees

Register online
Download the registration form (PDF)

Registration fee includes meeting materials and presentations, continental breakfast and breaks, and luncheon.

 Registration Fee
Through November 23
After November 23
General Registration
EMLF Members
Young Lawyer (3 years or less), Full-Time Law Faculty and Government Attorneys
Law Student (full-time)

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Mandatory CLE and Professional Credit

The program will be accredited for attorneys and contains 375 minutes of Continuing Legal Education (CLE), or approximately 6.25 hours in states which calculate a CLE hour based on 60 minutes, and 7.5 hours of CLE credit in states which calculate a CLE hour based on 50 minutes.  Materials for the program will be available for viewing and downloading on a webpage for registrants only.  The link to that page will be sent to you in the week prior to the conference.  If your state bar requires hard copies of the presentations at the time of the program, please download and print the online materials so you will be able to comply with this requirement.

Cancellation policy

Registration refunds less $75 will be made for cancellations received by December 2.  No refunds will be made thereafter, but substitutions can be made at any time.

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