Myers v. Bedway Land, 2017 Ohio 1255

Surface owners (Appellees) purchased ~631 acres between 2004–2011; deeds reserved oil, gas, and coal.
Appellants (McLaughlin heirs) claim severed mineral interests derived from 1921 deeds via intestate succession.
Appellees published notices of intent to declare mineral abandonment in 2011 and recorded affidavits of abandonment; an heir (Lucretia Vandemark) recorded an affidavit preserving minerals within 60 days.
Appellees filed a declaratory-judgment/quiet-title action in December 2012 under the 1989 Ohio Dormant Mineral Act (ODMA) seeking to revest disputed minerals in the surface estate.
The trial court granted summary judgment for Appellees applying the 1989 ODMA (finding abandonment). Appellants appealed.
On appeal, the court considered whether the 1989 ODMA applied to claims filed after the 2006 ODMA and whether Appellants preserved their mineral interests under the 2006 ODMA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Which ODMA version governs claims filed after 2006?	Myers: 1989 ODMA controls; abandonment occurs and quiet-title can revest minerals.	McLaughlin Heirs: 2006 ODMA governs claims filed after its effective date.	The 2006 ODMA governs claims asserted after its effective date; the 1989 ODMA is inapplicable.
2. Is the 1989 ODMA self-executing?	Myers: relied on trial-court application of 1989 ODMA to find automatic abandonment.	McLaughlin Heirs: 1989 ODMA was not self-executing; 2006 statute prescribes procedures.	1989 ODMA was not self-executing; Corban requires following 2006 ODMA procedures for post-2006 claims.
3. Did Appellants preserve their mineral interests under the 2006 ODMA?	Myers: contended affidavits of abandonment and publication satisfied requirements.	McLaughlin Heirs: pointed to timely preservation affidavit filed within 60 days of notice, preserving their rights.	Evidence showed a preservation affidavit filed within 60 days; Appellants preserved their rights under the 2006 ODMA.
4. Remedy on summary judgment given preservation affidavit?	Myers: sought summary judgment quieting title in surface owners.	McLaughlin Heirs: sought summary judgment in their favor because 2006 ODMA procedures were not satisfied to extinguish their rights.	Trial court's grant for Appellees reversed; remanded with instruction to enter summary judgment for Appellants.

Albanese v. Batman, 148 Ohio St.3d 85 (challenge to whether surface owner complied with 2006 ODMA notice and affidavit requirements)