S.F. _____ Section 1. NEW SECTION . 614.24A Reservation or granting of 1 mineral rights in or on land —— preservation. 2 1. No action based upon any claim arising or existing 3 by reason of the provisions of any deed, lease, conveyance, 4 contract, will, or other document reserving or granting any 5 mineral rights in or on the land therein described shall be 6 maintained in any court in this state to recover or establish 7 any interest in or claim to such real estate, legal or 8 equitable, against the holder of record title to such real 9 estate after twenty-one years from the recording of such 10 deed, lease, conveyance, contract, or other document or after 11 twenty-one years from the admission of such will to probate 12 unless the claimant shall, personally, or by the claimant’s 13 attorney or agent, or if the claimant is a minor or under legal 14 disability, by the claimant’s guardian, trustee, or either 15 parent or next friend, file a verified claim for such mineral 16 rights with the recorder of the county where the real estate 17 is located within the twenty-one-year period. In the event 18 that such deed, lease, conveyance, contract, or other document 19 was recorded, or will was admitted to probate, more than twenty 20 years prior to July 1, 2010, then such claim may be filed on or 21 before three years after July 1, 2010. 22 2. Claims for mineral rights filed shall set forth the 23 nature of the claim, the time and manner in which the interest 24 claimed was acquired, the name and address of the affiant 25 making the claim, the present owner or owners of the claim, and 26 that the claim was mailed to the assessor of the county where 27 the real estate is located by certified mail, return receipt 28 requested. 29 3. For the purposes of this section, “mineral rights” 30 includes but is not limited to interests in minerals as defined 31 in section 556.1, and any inanimate substance which may be 32 present in or on real estate, and any other substance defined 33 as a mineral by a law of this state, except coal. 34 4. For the purposes of this section, a claimant may be any 35 -1- LSB 5184XC (8) 83 av/nh 1/ 3

S.F. _____ person or persons claiming any interest in or to such mineral 1 rights, whether the same is a present interest or an interest 2 which would come into existence if the happening or contingency 3 provided in the deed, lease, conveyance, contract, will, or 4 other document were to happen at once. A claimant may also be 5 any member of a class of persons entitled to or claiming such 6 rights or interests. 7 5. Nothing in this section shall be interpreted or construed 8 to revive or extinguish interests in coal described in chapter 9 557C. 10 6. The limitations of this section shall not run in respect 11 of any period in which the mineral rights are being separately 12 assessed for taxation under chapter 441 as against the person 13 who has paid the taxes so assessed. 14 7. This section shall not impair the validity of an 15 environmental covenant established pursuant to chapter 455I. 16 8. Nothing in this section shall be interpreted or construed 17 to revive any interest which has terminated or expired under 18 the terms of the instrument creating the interest. 19 Sec. 2. Section 614.25, Code 2009, is amended to read as 20 follows: 21 614.25 Effect of filing claim claims . 22 The filing of such a claim pursuant to section 614.24 or 23 614.24A shall extend for a further period of twenty-one years 24 the time within which such action may be brought by any person 25 entitled thereto, and successive claims for further like 26 extensions may be filed. 27 Sec. 3. Section 614.28, Code 2009, is amended to read as 28 follows: 29 614.28 Barred claims. 30 The provisions of sections 614.24 to 614.27, inclusive, or 31 the filing of a claim or claims, hereunder, shall not revive or 32 permit an action to be brought or maintained upon any claim or 33 cause of action which is barred by any other statute. Provided 34 further, that nothing contained in these sections shall affect 35 -2- LSB 5184XC (8) 83 av/nh 2/ 3

S.F. _____ litigation pending on July 4, 1965 July 1, 2010 . 1 EXPLANATION 2 New Code section 614.24A relates to the preservation of 3 claims to mineral rights reserved or granted in or on land. 4 This bill provides that no action on a claim for such mineral 5 rights granted by the provisions of a deed, lease, conveyance, 6 contract, will, or other document can be maintained in a court 7 in this state against the holder of record title to the land 8 after 21 years from the recording of such a document unless 9 the claimant or claimant’s representative has filed a verified 10 claim for such mineral rights with the county recorder where 11 the land is located within that 21-year period. If such a 12 deed, lease, conveyance, contract, or other document was 13 recorded, or will was admitted to probate, more than 20 years 14 prior to July 1, 2010, then a claim for such mineral rights may 15 be filed on or before three years after July 1, 2010. 16 Claims for mineral rights filed pursuant to new Code section 17 614.24A must set forth the nature of the claim, the time and 18 manner in which the interest claimed was acquired, the present 19 owner or owners of the claim, and that the claim was mailed 20 to the assessor of the county where the land is located by 21 certified mail, return receipt requested. 22 “Minerals” are defined as in Code section 556.1(7), except 23 not including coal. Code section 614.25 relating to filing 24 and extensions of claims, Code section 614.26 relating to 25 indexing of claims by the county recorder, Code section 614.27 26 relating to the inapplicability of extended time limitations 27 for minors and persons with mental illness, and Code section 28 614.28 relating to the revival or barring of claims, are also 29 applicable to new Code section 614.24A. 30 -3- LSB 5184XC (8) 83 av/nh 3/ 3