The Supreme Court of Ohio will hear oral arguments in Eisenbarth v. Reusser today, November 17th, 2015. The appellants in Eisenbarth contend that (1) the 1989 version of the DMA (1989 DMA) had a “rolling” look-back period which operated to vest a severed mineral interest in the owner of the surface if no savings events occurred during any twenty-year period in which the 1989 DMA was in effect, and (2) that an oil and gas lease executed by the owner of the surface and the executive right to lease the severed mineral interest is not a “title transaction” of which the severed mineral interest is the subject.
Eisenbarth is the third case that will be heard today. Oral arguments will begin at 9 a.m. and can be viewed live at The Ohio Channel. Check back later for a link to the replay of the arguments.