What's good TOO?
- Thread starter bowhunter1023
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Good Deal Gordo. Had a feeling it wouldn't be long....... Hope you have a Great Time In Vegas!
No. The Dormant Mineral Act helps royalty/mineral owners reclaim all rights to their minerals when companies fail to prudently operate their leases. Most times the mineral rights revert to the landowner in Ohio. However in some cases, the landowner has no right, title, or interest in his minerals or it is partial. This involved leased mineral rights that were not being operated.
Beyond that, if you purchase ground that you believe has the minerals, you better be able to prove it. The burden of proof falls on you if contested in a court of law. I see it all the time. Tough shit if the rightful owners step up and challenge you as the surface owner and you don't truly own what you think you own. If that happens, the house you should burn down is whoever told you that you owned something you had no right to...
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Schu72
Well-Known Member
Not sure what you are getting at. I'm nost sure who the "they" and the "he" are?
My stepfather owned some land, he sold off the surface rights in the '80's. As someone in the mining business he deeded the mineral rights to himself. One of the surface owners tried to sue him for the rights to the mineral under the dormant minerals act. Dude only purchsed the surface rights and knew it. Tried to get something for nothing by using the leagal system.
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Milo
Tatonka guide.
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He knowingly bought property without mineral rights and then sued for them? Surprised that did not get thrown out immediately..
Schu72
Well-Known Member
Nope....lawyers are getting rich that's for sure. Seems every sitting judge is interprutting the dormant minerals act differently.
Milo
Tatonka guide.
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I agree..the ohio supreme court will decide it here shortly i think. The dormant rights act is pretty clear so im not sure why or how they are doing that. I think there is an issue between the first dmra and the one we have now. The way i have read it is the first one did not require a notification provision like the current one does. The ohio supreme court will intervene soon i imagine.
Huckleberry Finn
Senior Member
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Got ya. That's different than what I thought.
My statement was more towards a landowner who believed he had deed to the mineral rights but someone brought up a deed from years and years ago that wasn't found in title investigation and laid claim.
Not sure about you but that would burn my ass. Siting on a piece of land I own thinking i own mineral and some jackass brings up a deed he won in a poker game 20 years ago.
Milo
Tatonka guide.
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i read a case last night that involved a scenario somewhat similair to this one in harrison county that the judge ruled in favor of the plantiff based on the theory that the previous dormant mineral rights act stated that after 20 years with no title changing event that the owner automatically assumed the mineral right because of the no notice provision that was in the old law. Even though the new law states that the notification must occur now, the surface owners had reasonable expectation that the old law gave them their mineral rights back. compelling for sure and good luck if it gets appealed. I'm betting it does and goes to a district court.
Tad, the pic of your granddaughter bathing in the sink is priceless and cute! It's a pretty cool tradition IMO.
Congratulations Gordo! Nice rock TOO! You two have a great time in Vegas!
Congrats to Beener and others who scored nicely at Cabelas.
Congratulations Gordo! Nice rock TOO! You two have a great time in Vegas!
Congrats to Beener and others who scored nicely at Cabelas.
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Why anyone would buy a piece of land without mineral rights is beyond me. I can't fathom why someone would buy surface rights and allow someone else to have say over what happens under them. The sad fact of the matter is if we think it's complicated now just wait 15 years. Imagine the mess and pain in the ass all of this is going to create 15 years after this Shale land rush calms down. It's already becoming increasingly hard to find land for sale with both mineral and surface. Either mineral has been long gone or jed clampet only wants to sell surface thinking he's gonna be a millionaire someday. IMO it goes right along with the same mindset of people selling land valued at 5,000 an acre then they timber it and still want 5,000 an acre. Personally I would like to see them make Ohio a all or nothing state where a person owns from the surface to the core but can lease mineral.
Milo
Tatonka guide.
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I think they should pay taxes on the mineral rights. its ground/land just like the surface owners has to pay...if they write it out of single ownership they should have to pay something for it.
In WV, you do pay separate taxes. As for buying it, take Hippie Ridge for example. With minerals, $4,500 an acre and the current owner just signed what may likely be the only leased ever signed on that ground. Without, $1,600 an acre. How deep are your pockets and how bad do you want land?
In numerous states, including Ohio, you can sell the air space above your property until a certain distance, the that is public air space.
Minerals and timber aren't the only assets that can be reserved.
Minerals and timber aren't the only assets that can be reserved.
Yep. You can deed like 7 or 8 different things if you truly have fee ownership in your property. I can deed my leasing rights separate from my mineral and royalties. It can get ridiculous.
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Precisely my point. Jed clampet wants to retain mineral the end result will be we'll be lucky to find a piece of ground in 15 years that You actually own outright.
Just cross the river to WV. It's been like that in half the counties for generations. People were severing minerals within months of the Drake well. I would guess less than 20% of WV is fee surface and minerals. Even less if you count coal. Five years ago, 95% of Ohio would have been fee. It'll get less and less by the day now.
Huckleberry Finn
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You wouldn't want to buy a piece of ground in SE Oh for cheap just to hunt on? Sure, someone already made millions from the ground, but the top is still good for some stuff.