(1) A record of deeds, in which shall be recorded all
deeds | 14 |
and other instruments of writing for the absolute and | 15 |
unconditional sale or conveyance of lands, tenements, and | 16 |
hereditaments; all notices as provided in sections 5301.47 to | 17 |
5301.56 of the Revised Code; all judgments or decrees in actions | 18 |
brought under section 5303.01 of the Revised Code; all | 19 |
declarations and bylaws, and all amendments to declarations and | 20 |
bylaws, as provided in Chapter 5311. of the
Revised Code; | 21 |
affidavits as provided
in sectionsections 5301.252 and 5301.56 of | 22 |
the Revised
Code; all certificates as provided
in section
5311.17 | 23 |
of the
Revised Code; all articles dedicating
archaeological | 24 |
preserves
accepted by the director of the Ohio
historical society | 25 |
under
section 149.52 of the Revised Code; all
articles dedicating | 26 |
nature
preserves accepted by the director of
natural resources | 27 |
under
section 1517.05 of the Revised Code; all
agreements for the | 28 |
registration of lands as archaeological or
historic landmarks | 29 |
under section 149.51 or 149.55 of the Revised
Code; all | 30 |
conveyances of conservation easements and agricultural
easements | 31 |
under section
5301.68 of the Revised Code; all
instruments | 32 |
extinguishing agricultural
easements under section
901.21 or | 33 |
5301.691 of the Revised Code or pursuant to
terms of
such an | 34 |
easement granted to a charitable organization under
section | 35 |
5301.68 of the Revised Code; all instruments or orders
described | 36 |
in division (B)(1)(c)(ii)(2)(b) of section 5301.56 of the
Revised | 37 |
Code;
all no further action letters issued under section
122.654 | 38 |
or
3746.11 of the
Revised Code;
all covenants not to sue
issued | 39 |
under
section
3746.12 of the
Revised Code, including all
covenants | 40 |
not
to sue issued pursuant to section 122.654 of the
Revised Code; | 41 |
any
restrictions on the use of property contained in
a no further | 42 |
action letter issued under section 122.654 of the
Revised Code, | 43 |
any restrictions on the use of
property
identified
pursuant to | 44 |
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any | 45 |
restrictions on the use of property contained in a deed or other | 46 |
instrument as provided in division (E) or (F) of section 3737.882 | 47 |
of the Revised Code; any easement executed or granted under | 48 |
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; | 49 |
any environmental covenant entered into in accordance with | 50 |
sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of | 51 |
trust, as
described in division (A)
of
section
5301.255 of the | 52 |
Revised
Code, that describe specific
real
property; and all | 53 |
agreements
entered into under division (A)
of
section 1521.26 of | 54 |
the Revised Code; | 55 |
(4) A record of plats, in which shall be recorded all
plats | 77 |
and maps of town lots, of the subdivision of town lots, and
of | 78 |
other divisions or surveys of lands, any center line survey of
a | 79 |
highway located within the county, the plat of which shall be | 80 |
furnished by the director of transportation or county engineer, | 81 |
and all drawings
and amendments to drawings, as provided in | 82 |
Chapter 5311. of the Revised
Code; | 83 |
(B) All instruments or memoranda of instruments entitled to | 91 |
record shall be recorded in the proper record in the order in | 92 |
which they are presented for record. The recorder may index,
keep, | 93 |
and record in one volume unemployment compensation liens,
internal | 94 |
revenue tax liens and other liens in favor of the United
States as | 95 |
described in division (A) of section 317.09 of the
Revised Code, | 96 |
personal tax liens, mechanic's liens, agricultural
product liens, | 97 |
notices of liens, certificates of satisfaction or
partial release | 98 |
of estate tax liens, discharges of recognizances,
excise and | 99 |
franchise tax liens on corporations, broker's liens,
and liens | 100 |
provided for in sections 1513.33, 1513.37, 3752.13,
5111.022, and | 101 |
5311.18
of the Revised Code. | 102 |
(C) In lieu of keeping the six separate
sets of records | 108 |
required in divisions (A)(1) to
(6) of this section and the | 109 |
records
required in division
(D) of this section, a county | 110 |
recorder may
record all the instruments required to be recorded by | 111 |
this
section
in two separate sets of record books. One set shall | 112 |
be
called the
"official records" and shall contain the instruments | 113 |
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this | 114 |
section. The
second set of records shall
contain the instruments | 115 |
listed in
division
(A)(4) of this
section. | 116 |
Sec. 1509.35. (A) There is hereby created an oil and gas | 123 |
commission
consisting of five members appointed by the
governor. | 124 |
Terms of office shall be for five years, commencing on the | 125 |
fifteenth day of October and ending on the fourteenth day of | 126 |
October, except that the terms of the first five members of
the | 127 |
board shall be for one, two, three, four, and five years, | 128 |
respectively, as designated by the governor at the time of the | 129 |
appointment. Each member shall hold office from the date of | 130 |
appointment until the end of the term for which the member
was | 131 |
appointed. Any member appointed to fill a vacancy occurring prior | 132 |
to the
expiration of the term for which the member's predecessor | 133 |
was appointed
shall hold office for the remainder of such term. | 134 |
Any member
shall continue in office subsequent to the expiration | 135 |
date of
the member's term until a successor takes office, or
until | 136 |
a period of sixty
days has elapsed, whichever occurs first. Each | 137 |
vacancy occurring on the
commission shall be filled by appointment | 138 |
within sixty
days after the vacancy occurs. One of the appointees | 139 |
to
the commission shall be a person who, by reason of
the person's | 140 |
previous
vocation, employment, or affiliations, can be classed as | 141 |
a representative
of a major petroleum company. One of the | 142 |
appointees to the commission
shall be a person who, by reason of | 143 |
the person's previous vocation, employment, or affiliations, can | 144 |
be
classed as a representative
of the public. One of the | 145 |
appointees to the
commission shall be a person who, by reason of | 146 |
the
person's previous training and experience,
can be classed as a | 147 |
representative of independent petroleum
operators. One of the | 148 |
appointees to the commission
shall be a person
who, by reason of | 149 |
the person's previous training and
experience, can be
classed as | 150 |
one learned and experienced in oil and gas law. One
of the | 151 |
appointees to the commission shall be a person
who, by reason
of | 152 |
the person's previous training and experience, can be
classed as | 153 |
one
learned and experienced in geology. Not more than three | 154 |
members
shall be members of the same political party. This | 155 |
division does not apply to temporary members appointed under | 156 |
division (C) of this section. | 157 |
(C) If the chairperson of the commission determines that a | 162 |
quorum cannot be obtained for the purpose of considering a matter | 163 |
that will be before the commission because of vacancies or recusal | 164 |
of its members, the chairperson may contact the technical advisory | 165 |
council on oil and gas created in section 1509.38 of the Revised | 166 |
Code and request a list of members of the council who may serve as | 167 |
temporary members of the commission. Using the list provided by | 168 |
the council, the chairperson may appoint temporary members to the | 169 |
commission. The appointment of temporary members shall be for only | 170 |
the matter for which a quorum cannot be obtained. The number of | 171 |
temporary members appointed by the chairperson shall not exceed | 172 |
the number that is necessary to obtain a quorum for the matter. A | 173 |
temporary member of the commission has the same authority, rights, | 174 |
and obligations as a member of the commission, including the right | 175 |
to compensation and other expenses as provided in this section. | 176 |
The authority, rights, and obligations of a temporary member cease | 177 |
when the temporary member's service on the commission ends. | 178 |
Sec. 1509.38. There is hereby created in the division of | 194 |
mineral resources management a
technical advisory council on oil | 195 |
and gas, which shall consist of eight
members to be appointed by | 196 |
the governor with the advice and consent of the
senate. Three | 197 |
members shall be independent oil or gas producers, operators,
or | 198 |
their representatives, operating and producing primarily in this | 199 |
state,
three members shall be oil or gas producers, operators, or | 200 |
their
representatives having substantial oil and gas producing | 201 |
operations in this
state and at least one other state, one member | 202 |
shall represent the public, and
one member shall represent persons | 203 |
having landowners' royalty interests in oil
and gas production. | 204 |
All members shall be residents of this state, and all
members, | 205 |
except the members representing the public and persons having | 206 |
landowners' royalty interests, shall have at least five years of | 207 |
practical or
technical experience in oil or gas drilling and | 208 |
production. Not more than one
member may represent any one | 209 |
company, producer, or operator. | 210 |
Terms of office shall be for three years, commencing on the | 211 |
first day of
February and ending on the thirty-first day of | 212 |
January. Each member shall
hold office from the date of | 213 |
appointment until the end of the term for which
the member was | 214 |
appointed. A vacancy in the office of a member shall be filled
by | 215 |
the governor, with the advice and consent of the senate. Any | 216 |
member
appointed to fill a vacancy occurring prior to the | 217 |
expiration of the term for
which the member's predecessor was | 218 |
appointed shall hold office for the
remainder of that term. Any | 219 |
member shall continue in office subsequent to the
expiration date | 220 |
of the member's term until the member's successor
takes office, or | 221 |
until a period of sixty days has elapsed, whichever occurs
first. | 222 |
The council, when requested by the chief of the division of | 238 |
mineral resources management, shall
consult with and advise the | 239 |
chief and perform other duties that may be
lawfully delegated to | 240 |
it by the chief. The council may participate in
hearings held by | 241 |
the chief under this chapter and has powers of approval as | 242 |
provided in sections 1509.24 and 1509.25 of the Revised Code. The | 243 |
council
shall conduct the activities required, and exercise the | 244 |
authority granted,
under Chapter 1510. of the Revised Code. | 245 |
(4) "Mineral" means gas, oil, coal, coalbed methane gas, | 265 |
other gaseous, liquid, and solid hydrocarbons, sand, gravel, clay, | 266 |
shale, gypsum, halite, limestone, dolomite, sandstone, other | 267 |
stone, metalliferous or nonmetalliferous ore, or another material | 268 |
or substance of commercial value that is excavated in a solid | 269 |
state from natural deposits on or in the earth. | 270 |
(ii)(b) There has been actual production or withdrawal of | 297 |
minerals by the holder from the lands, from lands covered by a | 298 |
lease to which the mineral interest is subject, from a mine a | 299 |
portion of which is located beneath the lands, or, in the case
of | 300 |
oil or gas, from lands pooled, unitized, or included in unit | 301 |
operations, under sections 1509.26 to 1509.28 of the Revised
Code, | 302 |
in which the mineral interest is participating, provided
that the | 303 |
instrument or order creating or providing for the
pooling or | 304 |
unitization of oil or gas interests has been filed or
recorded in | 305 |
the office of the county recorder of the county in
which the lands | 306 |
that are subject to the pooling or unitization
are located;. | 307 |
(1) Serve notice by certified mail, return receipt requested, | 367 |
to each holder or each holder's successors or assignees, at the | 368 |
last known address of each, of the owner's intent to declare the | 369 |
mineral interest abandoned. If service of notice cannot be | 370 |
completed to any holder, the owner shall publish notice of the | 371 |
owner's intent to declare the mineral interest abandoned at least | 372 |
once in a newspaper of general circulation in each county in which | 373 |
the land that is subject to the interest is located. The notice | 374 |
shall contain all of the information specified in division (F) of | 375 |
this section. | 376 |
(H)(1) If a holder or a holder's successors or assignees | 418 |
claim that the mineral interest that is the subject of a notice | 419 |
under division (E) of this section has not been abandoned, the | 420 |
holder or the holder's successors or assignees, not later than | 421 |
sixty days after the date on which the notice was served or | 422 |
published, as applicable, shall file in the office of the county | 423 |
recorder of each county where the land that is subject to the | 424 |
mineral interest is located one of the following: | 425 |
(2) If a holder or a holder's successors or assignees who | 435 |
claim that the mineral interest that is the subject of a notice | 436 |
under division (E) of this section has not been abandoned fails to | 437 |
file a claim to preserve the mineral interest, files such a claim | 438 |
more than sixty days after the date on which the notice was served | 439 |
or published under division (E) of this section, fails to file an | 440 |
affidavit that identifies an event described in division (B)(3) of | 441 |
this section that has occurred within the twenty years immediately | 442 |
preceding the date on which the notice was served or published | 443 |
under division (E) of this section, or files such an affidavit | 444 |
more than sixty days after the date on which the notice was served | 445 |
or published under that division, the owner of the surface of the | 446 |
lands subject to the interest who is seeking to have the interest | 447 |
deemed abandoned and vested in the owner shall cause the county | 448 |
recorder of each applicable county to memorialize the record on | 449 |
which the severed mineral interest is based with the following: | 450 |
"This mineral interest abandoned pursuant to affidavit of | 451 |
abandonment recorded in volume ...., page ....." | 452 |
Immediately after the county recorder memorializes the | 453 |
record, the mineral interest shall vest in the owner of the | 454 |
surface of the lands formerly subject to the interest, and the | 455 |
record of the mineral interest shall cease to be notice to the | 456 |
public of the existence of the mineral interest or of any rights | 457 |
under it. In addition, the record shall not be received as | 458 |
evidence in any court in this state on behalf of the former holder | 459 |
or the former holder's successors or assignees against the owner | 460 |
of the surface of the lands formerly subject to the interest. | 461 |
However, the abandonment and vesting of a mineral interest | 462 |
pursuant to divisions (E) to (I) of this section only shall be | 463 |
effective as to the property of the owner that filed the affidavit | 464 |
of abandonment under division (E) of this section. | 465 |