Walker v. Shondrick-Nau (Slip Opinion)

{¶ 23} The majority opinion is based on this court’s holding in Corban v. Chesapeake Exploration, L.L.C., 149 Ohio St.3d 512, 2016-Ohio-5796, 76 N.E.3d 1089, that the 1989 version of Ohio’s Dormant Mineral Act, former R.C. 5301.56, Sub.S.B. No. 223, 142 Ohio Laws, Part I, 981 (“1989 ODMA”) was not self-executing; I dissented from that holding, and I therefore dissent from the majority’s holding in this case. I would affirm the judgment of the court of appeals.

{¶ 24} I would hold that by operation of the 1989 ODMA, John Noon’s interest was deemed abandoned and was reunited with the surface…