Corban v. Chesapeake Exploration, L. L.C., 2014-0804

• Decision Date: 23 July 2014
• Docket Number: NO. 2014-0804,2014-0804
• Citation: 139 Ohio St.3d 1482,12 N.E.3d 1228 (Table),2014 Ohio 3195
• Parties: Corban v. Chesapeake Exploration, L.L.C.
• Court: Ohio Supreme Court

139 Ohio St.3d 1482

12 N.E.3d 1228 (Table)

2014 Ohio 3195

Corban

v.Chesapeake Exploration, L.L.C.

NO. 2014-0804

Supreme Court of Ohio

July 23, 2014

MOTION AND PROCEDURAL RULING.

On review of preliminary memoranda pursuant to S.Ct.Prac.R. 9.05. The court will answer the following questions:

(1) Does the 2006 version or the 1989 version of the ODMA apply to claims asserted after 2006 alleging that the rights to oil, gas, and other minerals automatically vested in the surface land holder prior to the 2006 amendments as a result of abandonment?

(2) Is the payment of a delay rental during the primary term of an oil and gas lease a title transaction and "savings event" under the ODMA?

LANZINGER and KENNEDY, JJ., concur but would hold consideration of the second question for the decision in 2014-0067, Chesapeake Exploration, L.L.C. v. Buell, Certified Question of State Law, United States District Court, Southern District of Ohio, Eastern Division, No. 2:12-CV-916.

O'DONNELL, J., dissents.