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Ohio’s Statutory Unitization Amended to Clarify Inclusion of Partially Leased Tracts
December 2, 2019
Posted By: Chris Capcara

Ohio recently passed HB 166, effective October 17, 2019, amending Section §1509.28 of Ohio’s statutory unitization statute.  The prior version of Section §1509.28 did not specify whether all mineral owners in a tract must be leased to be included in t(…)

Federal Court Upholds Constitutionality of Ohio’s Unitization Statute
June 18, 2018
Posted By: Chris Capcara

A federal district court in Ohio recently upheld the constitutionality of Ohio’s forced pooling statute (R.C. § 1509.28) in Kerns v. Chesapeake Exploration, LLC, et al., N.D. Ohio No. 5:18 CV 389 (June 13, 2018). R.C. § 1509.28 establishes the procedu(…)

Challenge to Constitutionality of Ohio’s Forced Pooling Statute Rejected on Procedural Grounds
February 15, 2018
Posted By: Chris Capcara

The Ohio Supreme Court recently rejected a constitutional challenge to Ohio’s forced pooling statute in State ex rel. Kerns v. Simmers, Slip Opinion No. 2018-Ohio-256. A group of landowners (the “Landowners”) sought a writ of mandamus compelling the C(…)