Wendt v. Dickerson, 2018 Ohio 1034

In 1952 John and Marjorie Dickerson reserved one-half of oil and gas rights (severing minerals) when conveying surface and other minerals to a coal company; those mineral rights later descended to the Dickerson heirs.
Surface owners Christopher and Veronica Wendt acquired the surface estate in 2006; their deed referenced the 1952 reservation.
In 2011 the Dickerson heirs recorded affidavits of inheritance and signed a lease with Chesapeake; the Wendts published and recorded a notice/affidavit of abandonment and attempted to lease the minerals the same year.
Wendts sued in 2012 seeking declaratory relief/quiet title under Ohio’s Dormant Mineral Act (ODMA); initial rulings applied the 1989 ODMA and awarded Wendts relief, but the Ohio Supreme Court later clarified governing law.
On remand the trial court applied the 2006 ODMA (per Corban/Walker), held the 2006 act’s procedural changes were constitutional, found the Dickersons timely filed claims to preserve, and quieted title to the minerals in favor of the Dickersons.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rights under the 1989 ODMA were vested property protected by Due Process/Takings clauses	Wendt: 1989 ODMA created a conclusive presumption and accrued cause of action (property) that cannot be retroactively altered without violating the Fifth and Fourteenth Amendments	Dickerson: Corban/Walker control; 1989 ODMA was not self-executing and 2006 amendments changed procedure not vested rights	Court: 2006 ODMA applies; 1989 conclusive presumption is procedural/evidentiary and did not create vested property rights; no unconstitutional taking or due process violation
Whether the mineral interest was judicially abandoned under the 2006 ODMA so Wendts could quiet title	Wendt: they complied with abandonment notice and no saving event occurred in prior 20 years, so minerals vested to surface owner	Dickerson: they timely filed R.C. 5301.56(C)/(H) claims to preserve within 60 days and thus preserved rights; claims are sufficient even without a prior 20-year saving event	Court: Dickersons’ timely claims to preserve satisfied ODMA requirements (per Dodd/Walker/Farnsworth) and precluded abandonment; title quieted in favor of Dickersons

Corban v. Chesapeake Exploration, LLC, 149 Ohio St.3d 512 (Ohio 2016) (held the 2006 ODMA applies to claims after June 30, 2006 and characterized 1989 ODMA as non-self-executing, altering procedure not vested rights)
Walker v. Shondrick-Nau, 149 Ohio St.3d 282 (Ohio 2016) (reaffirmed Corban: timely claims after 2006 are governed by 2006 ODMA and claims to preserve can preclude abandonment)
Dodd v. Croskey, 143 Ohio St.3d 293 (Ohio 2015) (held a claim to preserve filed within 60 days after notice is sufficient to prevent mineral interests from being deemed abandoned)
Farnsworth v. Burkhart, 147 Ohio St.3d 1439 (Ohio 2016) (denial of reconsideration reinforcing Dodd/Corban framework on claims to preserve)
Hatch v. Tipton, 131 Ohio St. 364 (Ohio 1936) (statute that modifies only remedial procedures and does not destroy vested property rights is constitutional)
Stop the Beach Renourishment, Inc. v. Florida Dept. of Env. Protection, 560 U.S. 702 (U.S. 2010) (takings analysis protects property rights as defined by state law; clarifications of uncertain rights are not takings)