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Ohio House Bill 390 Signed into Law by Governor Kasich

On June 28, 2016, Ohio Governor John R. Kasich signed into law House Bill 390, combating the substantial delays in unit designation orders whenever a prospective pooling application impacts the Ohio Department of Transportation’s mineral rights. Among other things, this new law demands that the Chief of the Division of Oil and Gas Resources Management determine whether to grant a declaration of pooling within forty-five days after the law’s effective date (i.e. 90 days after signing). However, this time frame limitedly applies to applications where the Chief held a hearing, prior to the law’s effective date, concerning pooling such lands. This law will impact applications where a private mineral owner's land abuts or adjoins the Department of Transportation’s mineral rights and/or applications where the Department of Transportation’s mineral rights constitute the entire pool. Importantly, if the Chief grants an order pooling such lands, the applicant is not required to begin operations within twenty-four months.

Full text of the new law can be found below.

SECTION 715.10. For each application submitted under section 1509.28 of the Revised Code that encompasses a unit area for which all or a portion of the mineral rights are owned by the Department of Transportation and for which the Chief of the Division of Oil and Gas Resources Management has held a hearing before the effective date of this section, the Chief, not later than forty-five days after the effective date of this section, shall either issue an order denying or providing for the unit operation of a pool or part of a pool. However, the applicant is not required to commence any unit operations within twenty-four months of the effective date of any order issued in accordance with this section.

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VI, Number 193
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About this Author

Joshua Gallo, Energy attorney, Mineral Title, Steptoe Johnson Law FIrm
Associate

Joshua Gallo practices in the areas of energy law and mineral title law.  He is experienced in drafting title opinions and abstracting for Appalachian Basin oil and gas clients, as well as performing oil and gas legal research.  In addition, Mr. Gallo brings to the firm real world experience as a former oil and gas landman.  With an undergraduate degree in political science and internship/externship experience in the United States Senate and United States District Court for the Western District of Pennsylvania, Mr. Gallo’s education and experience provide key insight and...

724-914-6417
Jason Lucas, Energy Attorney, Steptoe Johnson Law Firm
Member

Jason Lucas focuses his practice in the areas of energy and mineral law. Mr. Lucas regularly assists clients with mineral title examinations and title opinions and coordinating and performing due diligence and mineral acquisitions throughout Ohio and Pennsylvania. Mr. Lucas also advocates for client interest through his leadership positions in various regional and national oil and gas associations.  Mr. Lucas is one of the founders of the Appalachian Basin Association of Division  Order Analysts and serves as an Officer of NADOA, the National Association of Division...

(304) 231-0464
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