Ilya Batikov
Practice Areas
Industries
Education
- Cleveland State University, Cleveland-Marshall College of Law, J.D., 2011, summa cum laude
- John Carroll University, B.A., 2008, cum laude
Bar & Court Admissions
Ilya is an associate in the Vorys Columbus office and a member of the firm’s energy group. His practice focuses primarily on oil and gas and public utility matters, including litigation before state and federal courts and administrative bodies. Ilya regularly counsels clients in matters involving oil and gas development, leasing and operating rights, and mineral ownership. He also has experience representing clients, including wholesale and retail suppliers, in rate proceedings, complaint proceedings, and investigations before the Public Utilities Commission of Ohio.
His notable experiences include:
- Serving on litigation team that successfully defeated class certification in federal action concerning the deduction of post-production costs.
- Serving on arbitration team that successfully represented operator in dispute concerning JOA operating rights over a $1.0+ billion project in the Gulf of Mexico.
- Successfully obtaining reversal on appeal involving the Ohio Dormant Mineral and Ohio Marketable Title Act.
- Successfully defending appeal involving the constitutionality of Ohio’s statutory unitization law and its interplay with private lease rights.
- Serving as amicus counsel to the Ohio Oil and Gas Association in cases before the Supreme Court of Ohio.
- Defending appeals involving well permitting and unitization before the Ohio Oil and Gas Commission.
- Serving as Ohio counsel to E&P company in $300 million sale.
Ilya authored three chapters for the LexisNexis treatise, Hydraulic Fracturing Law and Practice. He is also a co-author of Equitable and Statute of Limitations Defenses to Lease Expiration Claims, 38 Energy & Min. L. Inst. 4 (2017). Ilya has also presented on oil and gas issues and is a regular contributor to the Vorys Energy & Environmental Law Blog. He is a member of the Energy & Mineral Law Foundation and a graduate of the Rocky Mountain Mineral Law Foundation Oil and Gas Law Short Course. Ilya received his J.D. summa cum laude from Cleveland State University, Cleveland-Marshall College of Law and his B.A. cum laude from John Carroll University.
Events
- 6/21/2019Vorys Attorneys Pete Lusenhop and Ilya Batikov presented at the American Association of Professional Landmen (AAPL) 2019 Annual Meeting on June 21, 2019.
- 8/11/2017Vorys attorneys Greg Russell and Ilya Batikov were speakers at the Review of Oil and Gas Law hosted by the Energy Law Section of the Dallas Bar Association on August 11, 2017.
- 5/23/2017Vorys attorneys Peter Lusenhop, Ilya Batikov and Jessica Knopp Cunning were speakers at the 38th Annual Energy & Mineral Law Foundation Institute on May 23, 2017.
- 12/12/2016Vorys attorneys Ilya Batikov, James Carr and Greg Russell were speakers at the Ohio Dormant Mineral Act Special Institute on December 12, 2016.
- 8/31/2016Vorys attorney Ilya Batikov was a speaker at the 29th Annual Energy Law Institute for Attorneys and Landmen presented by the Houston College of Law Harry L. Reed Oil & Gas Institute on August 31, 2016.
- 5/17/2016Vorys attorneys Ilya Batikov and Vic Ferguson were speakers at the 2016 Probate Law Institute hosted by the Columbus Bar Association on May 17, 2016.
- 12/9/2015Vorys attorneys Ilya Batikov and James Carr presented a seminar titled “Ultimate Guide to Oil and Gas Title Law” hosted by the National Business Institute on December 9-10, 2015.
- 12/3/2015Vorys attorneys Ilya Batikov, James Carr and Peter Lusenhop were speakers at the Ultimate Guide to Oil and Gas Title Law hosted by the National Business Institute on December 3-4, 2015.
- 6/5/2015Vorys attorney Ilya Batikov was a speaker at the Titles to Real Estate in Ohio CLE hosted by the Ohio State Bar Association on June 5, 2015.
- 12/18/2014Vorys attorneys Ilya Batikov and Jacinto Núñez were speakers at the 22nd Annual Bradley J. Schaeffer Real Property Institute hosted by the Ohio State Bar Association on December 18, 2014.
- 11/5/2014Vorys attorney Ilya Batikov was a panelist at the 2014 Title Insurance Seminar presented by First American Title Insurance Company on November 5, 2014.
- 6/12/2014Vorys attorneys James Carr and Ilya Batikov were speakers at the Oil, Gas and Mineral Land Titles Seminar on June 12, 2014.
- 5/1/2014Vorys attorneys Sheila Nolan Gartland and Ilya Batikov presented an oil and gas law update at the Ohio State Bar Association Annual Convention on May 1, 2014.
Insights
- 3/17/2021On March 16, 2021, the Supreme Court of Ohio expanded upon its prior decision in Blackstone v. Moore, 2018-Ohio-4959, once again addressing the exception under the Marketable Title Act, 5301.47, et seq. (the MTA), found in R.C. 5301.49(A).
- 12/21/2020On December 17, 2020, the Supreme Court of Ohio addressed the surface owner’s due diligence obligations under the 2006 version of the Ohio Dormant Mineral Act (the 2006 DMA).
- 12/2/2020On December 2, 2020, the Supreme Court of Ohio held that the Ohio Marketable Title Act (OMTA) applies to severed mineral interests despite the enactment of the Ohio Dormant Mineral Act (ODMA).
- 2/6/2019On February 4, 2019, the Sixth Circuit Court of Appeals affirmed a lower court decision upholding the constitutionality of Ohio’s statutory unitization procedures.
- 12/14/2018On December 13, 2018, the Supreme Court of Ohio clarified the preservation of interests under the Ohio Marketable Title Act (OMTA).
- 4/5/2018In Briggs v. Southwestern Energy Production Co. (Apr. 2, 2018), the Superior Court of Pennsylvania held that trespass and conversion claims concerning hydraulic fracturing were not precluded by the rule of capture.
- 1/4/2018In a January 3, 2018 decision, the Supreme Court of Ohio held that Ohio does not recognize an implied covenant to explore further as a distinct implied covenant in oil and gas leases.
- 9/26/2016On September 15, 2016, many oil and gas producers and surface owners of Ohio properties awoke to problematic news: the Supreme Court of Ohio, in Corban v. Chesapeake Exploration, L.L.C., et al., Slip Opinion No. 2016-Ohio-5796, held that the 1989 version of the Ohio Dormant Mineral Act (R.C. § 5301.56) (1989 DMA) was not self-executing (i.e., did not automatically abandon and vest dormant mineral interests in the surface owner of the property by operation of law).
- 9/15/2016On September 15, 2016, the Supreme Court of Ohio issued numerous decisions concerning the application of the Ohio Dormant Mineral Act.
- 1/25/2016Only one month after oral argument, the Supreme Court of Ohio has issued its decision in the consolidated cases of Hupp v. Beck Energy Corporation (renamed on appeal as Hustack v. Beck Energy Corporation) and Claugus Family Farm L.P. v. Seventh District Court of Appeals, affirming the holding of the Seventh District Court of Appeals that the leases at issue were not perpetual and thus void as against public policy.
- 11/6/2015On November 5, 2015, the Supreme Court of Ohio answered two questions concerning the Ohio Dormant Mineral Act (DMA). In Chesapeake Exploration, L.L.C. v. Buell, the Court held that under the DMA: (1) a recorded oil and gas lease is a title transaction that serves as a savings event that prevents minerals from being abandoned to a surface owner; but (2) that the unrecorded expiration of an oil and gas lease is not a savings event.
- 8/21/2015In companion decisions released on August 20, 2015, the Supreme Court of Kentucky confirmed that Kentucky follows the “at the well” rule with respect to post-production costs, but held that the payment of severance taxes must be borne solely by the producer.
- 6/18/2015On June 18, 2015, the Supreme Court of Ohio issued its first decision analyzing one aspect of the much contested Ohio Dormant Mineral Act.
- 2/18/2015In a significant victory for the oil and gas industry, on February 17, 2015, the Supreme Court of Ohio, in State ex rel. Morrison v. Beck Energy Corp., affirmed the State of Ohio’s “sole and exclusive” authority over the regulation of oil and gas operations in the state.
- 9/8/2014In Eisenbarth v. Reusser, 7th Dist. Monroe No. 13 MO 10 (Aug. 28, 2014), the Seventh Appellate District of Ohio recently addressed issues concerning application of the 1989 version of the Ohio Dormant Mineral Act (DMA).
- 4/11/2014In Walker v. Noon, the Seventh District Court of Appeals recently addressed two issues concerning the 1989 version of the Ohio Dormant Mineral Act (DMA). In Walker, the Court of appeals held: (1) for the purposes of the DMA, a severed mineral interest was not the “subject of” a title transaction that conveyed the surface with a restatement of a prior mineral reservation; (2) the 1989 version of the DMA automatically vested a surface owner with a severed mineral interest where no savings events occurred within the statute’s look-back period, and that such vesting was not disturbed by the amendment of the DMA in 2006.
- 3/18/2014On March 12, 2014, the Supreme Court of Ohio accepted an appeal in Dodd v. Croskey (7th Dist. 2013) on one issue pertaining to the 2006 version of the Dormant Mineral Act, Ohio Revised Code § 5301.56. The Court will consider whether a notice of preservation timely filed after an abandonment notice was effective to preserve a mineral interest where no savings events occurred within the 20 years preceding the abandonment notice.
- 1/8/2014The U.S. District Court for the Southern District of Ohio recently certified two important questions of law concerning the Ohio Dormant Mineral Act (DMA) to the Supreme Court of Ohio.