Ohio § 5303.34

§ 5303.34.

(A) As used in this section, “ bad faith ” means a trespass committed with either of the following: (1) Actual knowledge that the entry onto, and the extraction of minerals from, the property

was unlawful; (2) Willful or wanton disregard for the lawful property or mineral rights of another

person and with the intent of depriving the lawful owner of the owner's minerals. “Bad faith” shall not be presumed and does not include an entry onto property based

on a reasonable belief that such entry, or the extraction occurring after such entry,

was lawful. (B) In an action brought by a person who owns mineral rights against any person who trespasses

on the land containing such minerals and unlawfully extracts, exploits, or otherwise

converts the minerals, damages shall be equal to one of the following: (1) In the case of minerals, such as coal, stone, or ore, that are extracted by underground

or surface mining methods, the revenue received from the sale of the minerals measured

at the mouth of the mine, less the cost of extraction, less any sums previously paid; (2) In the case of minerals, such as hydrocarbons, in liquid or gaseous states that are

extracted by drilling, the revenue received from the sale of such minerals measured

at the wellhead, less the cost of extraction, less any sums previously paid. (C) When calculating damages under division (B)(1) or (2) of this section, if the person

who trespassed is determined to have trespassed on the land in bad faith, no reduction

for the cost of extraction shall be allowed, and the damaged party is entitled to

the full revenue received from the sale of the minerals measured at the mouth of the

mine or at the wellhead, as applicable, regardless of extraction method, less any

sums previously paid.  The damaged party is not entitled to punitive damages.