Another one of those we've been meaning to post before 2014's end.
In Tribett v. Shepherd, No. 13 BE 22 (Sep. 29, 2014), the Ohio Court of Appeals held that the 1989 version of the Ohio Dormant Mineral Act did not work a taking.
The plaintiffs own a 61-acre parcel. Their predecessors in title sold the surface rights and coal interests 50+ years ago, but retained all other mineral interests. These interests ended up at issue in the quiet title action between the Tribetts and the Shepherds. The Tribetts asserted that the Shepherds' mineral interests were deemed abandoned under the Act. The Shepherds, of course, asserted otherwise, arguing the Act was not applicable, or if it was, it worked a taking of their property rights in the minerals:
The Shepherds, on the other hand, argued that the mineral interests were not abandoned. They contended that the 2006 version of the statute is applicable, not the 1989 version. Along this same vein, they argued that the 1989 version constitutes an unconstitutional taking because allegedly this statute indicates that unless a savings event occurs within the 20 year look-back period, the mineral interest is deemed abandoned and vested in the owner of the surface.
Relying on federal precedent. the majority rejected their takings claim.
The interesting part of the opinion is the dissent, which argued:
By measuring the 1989 ODMA against federal, rather than Ohio constitutional property rights standards and declaring it a constitutional self-executing statute, the majority has created a forfeiture of inviolate private property rights in contravention of Ohio constitutional jurisprudence. The 1989 ODMA's lack of notice provisions makes it unconstitutional on its face, and by construing it as a selfexecuting statute resulting in automatic abandonment of a severed mineral interest by the holder and vesting that interest in the surface fee owner, the 1989 ODMA is unconstitutional as applied. Such a statutory construction results in an unlawful taking by operation of law, proscribed by Ohio Constitution, Article I, Sections 1 and 9, as construed by the Ohio Supreme Court in City of Norwood v. Horney, 110 Ohio St.3d 353, 2006-Ohio-3799, 853 N.E.2d 1115.Slip op. at 23 (DeGenaro, P.J., dissenting).
