Myers v. Bedway Land, 2017 Ohio 1256

Surface owners (Appellees) sued (2012) to quiet title and declare severed mineral rights abandoned under the 1989 Ohio Dormant Mineral Act (ODMA) so the minerals would merge with the surface estate.
Appellant Thomas Mark Beetham claimed mineral interests by intestate succession from McLaughlin predecessors and pointed to recorded preservation affidavits (including 1976 and 2011 filings) as preserving those rights.
Appellees relied on the 1989 ODMA in the trial court; the trial court granted summary judgment for Appellees, finding the 1976 preservation lapsed and the minerals vested in the surface owners.
The claims were filed after the 2006 amendment to the ODMA; the 2006 ODMA imposes an administrative notice-and-filing scheme for abandonment.
On appeal, the Seventh District applied recent Ohio Supreme Court authority holding the 1989 ODMA does not govern claims asserted after the 2006 amendment, and that the 2006 procedures (notice and affidavit filings) are required.
The appellate court found evidence that Appellants had complied with the 2006-preservation procedures and reversed the trial court, directing entry of summary judgment for Appellants and remanding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Which version of the ODMA governs claims filed after 2006?	Myers: 1989 ODMA controls; abandonment occurred under its rules.	Beetham: 2006 ODMA applies to post-2006 claims; 1989 is inapplicable.	2006 ODMA applies to claims asserted after its effective date; 1989 is not controlling.
Must surface owners follow the 2006 notice/filing procedures to obtain abandonment?	Myers: Not required to follow 2006 procedures because they relied on 1989 framework.	Beetham: Surface owners must follow R.C. 5301.56(B),(E) notice and affidavit steps.	Surface owners must follow the 2006 statutory notice and affidavit requirements to establish abandonment.
Did preservation filings by mineral holders prevent abandonment?	Myers: Prior preservation (1976) expired; minerals vested in surface owners.	Beetham: Recorded preservation affidavits and later filings preserved mineral rights under 2006 ODMA.	Record contains evidence of compliance with 2006 preservation/notice requirements; preservation defeats abandonment.
Remedy on summary judgment given the governing law and evidence?	Myers: Summary judgment for surface owners should stand.	Beetham: Summary judgment should be entered for defendants/mineral holders.	Trial court's grant for surface owners reversed; remanded with instruction to enter summary judgment for Appellants.

Albanese v. Batman, 148 Ohio St.3d 85 (2016) (surface owner's service of the notice and filing of the affidavit are required under the 2006 ODMA)