Corban v. Chesapeake Exploration, L.L.C., Et Al.

*523Kennedy, J.,

concurring in judgment only in the answer to the first certified question and concurring in the answer to the second certified question.

{¶ 43} I fully agree with the majority’s analysis and resolution of the second certified question that a delay-rental payment is not a title transaction. I also agree with the majority’s conclusion that the 1989 Dormant Mineral Act (“DMA”), former R.C. 5301.56, Am.Sub.S.B. No. 223, 142 Ohio Laws, Part I, 981, 985-987 (“S.B. 223”), was not self-executing and that a severed mineral interest cannot revert to the surface owner absent judicial action.…