Ohio § 5301.332

§ 5301.332.

(A)(1) Whenever leases of natural gas and oil lands recorded under section 5301.09 of the Revised Code concerning lands upon which there are no producing or drilling oil or gas wells become

forfeited for failure of the lessee or the lessee's successors or assigns to abide

by specifically described covenants provided for in the lease, or because the term

of the lease has expired, the lessor or the lessor's successors or assigns may file

for record an affidavit of forfeiture with the county recorder after serving notice

by certified mail, return receipt requested, to the lessee or the lessee's successors

or assigns, at the lessee's or the lessee's successors' or assigns' last known address,

or if service is not obtained by certified mail, by giving notice by publication at

least once in a newspaper of general circulation in the county in which the land is

located of the lessor's intent to declare the lease forfeited. (2) The notice or publication shall be addressed to the lessee or the lessee's successors

or assigns, and shall contain the name of the lessee;  a general description of the

land;  the number of acres;  the date of the lease;  the volume and page of the lease

record where the lease is recorded;  the cause of the forfeiture;  and shall state

the intention of the lessor to file for record an affidavit of forfeiture with the

county recorder if the lessee does not have the lease released of record within thirty

days from the date of receipt of the notice or of publication. (B) After thirty days and not more than sixty days from the date of proof of mailing

or publication of the notice, the lessor or the lessor's successors or assigns may

file with the county recorder an affidavit of forfeiture setting forth that such person

is the lessor of an oil or gas lease;  the file number or volume and page of the lease

record where the oil or gas lease is recorded;  that the lessee or the lessee's successors

or assigns, have failed and neglected to comply with specifically described covenants

provided for in the lease, reciting the facts constituting such failure, or that the

term of the lease has expired;  that there are no producing or drilling oil or gas

wells on the leased premises;  that the lease has been forfeited and is void;  and

that notice was served on the lessee or the lessee's successors or assigns, or that

publication was made, and the manner and time thereof. (C) If the lessee or the lessee's successors or assigns claims that the lease is in full

force and effect, the lessee or the lessee's successors or assigns shall, within sixty

days after the mailing or publication of the notice of the lessor of the lessor's

intention to declare the lease forfeited, notify the person who filed the affidavit

of forfeiture of the claim, and file for record an affidavit with the office of the

county recorder of the county in which the land is situated stating that the lease

has not been forfeited and that the lessee or the lessee's successors or assigns still

claim that the lease is in full force and effect. (D) If the lessee or the lessee's successors or assigns do not give such notice in writing

to the lessor at any time prior to the sixtieth day after the mailing or publication

of the notice of the lessor of the lessor's intention to declare the lease forfeited,

then the lessor shall file for record with the county recorder a notice of failure

to file.  The notice shall contain all of the following: (1) A statement that the person filing the notice is the lessor or the lessor's successors

or assigns; (2) The document number or volume and page of the lease record where the oil or gas lease

is recorded; (3) A general description of the land; (4) The statement:  “This lease cancelled pursuant to affidavit of forfeiture recorded

as Document Number ․․․․․, or Official Record/Lease Vol. ․․․․․, Page ․․․․․” Thereafter, the record of the lease shall not be notice to the public of the existence

of the lease or of any interest therein or rights thereunder and the record shall

not be received in evidence in any court of the state on behalf of the lessee or the

lessee's successors or assigns, or against the lessor or the lessor's successors or

assigns. (E) For recording the affidavit of forfeiture, the affidavit giving notice that the lease

has not been forfeited, and the notice of failure to file, the county recorder shall

charge the fees provided by section 317.32 of the Revised Code .