House
File
2213
-
Introduced
HOUSE
FILE
2213
BY
HARRIS
A
BILL
FOR
An
Act
relating
to
interests
in
minerals
owned
by
counties
and
1
cities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5820YH
(2)
91
ms/js
H.F.
2213
Section
1.
NEW
SECTION
.
331.310
Mineral
rights.
1
1.
For
purposes
of
this
section:
2
a.
“Interest
in
minerals”
means
a
perpetual
interest
in
real
3
estate
that
grants
ownership
of
one
or
more
minerals
underlying
4
the
real
estate
to
a
person
other
than
the
person
who
owns
5
the
surface
rights
in
and
to
the
real
estate.
“Interest
in
6
minerals”
does
not
include
a
lease
of
real
estate
that
allows
7
the
tenant
to
remove
minerals
from
the
real
estate.
8
b.
“Minerals”
means
coal,
gas,
oil,
or
other
gaseous,
9
liquid,
or
solid
hydrocarbons;
oil
shale;
gemstones;
10
fissionable
or
nonfissionable
ore;
and
steam
or
other
11
geothermal
resources.
12
2.
A
county
shall
divest
itself
of
any
interest
in
minerals
13
owned
or
controlled
by
the
county
and
shall
convey
such
14
interest
in
minerals
to
the
surface
owner
of
the
land
to
15
which
the
interest
in
minerals
pertains.
A
conveyance
under
16
this
section
shall
be
made
without
consideration
and
shall
be
17
without
cost
to
the
surface
owner
of
the
land.
18
3.
A
county
shall
complete
all
conveyances
required
under
19
this
section
no
later
than
five
years
after
the
effective
date
20
of
this
Act.
21
Sec.
2.
NEW
SECTION
.
364.26
Mineral
rights.
22
1.
For
purposes
of
this
section:
23
a.
“Interest
in
minerals”
means
a
perpetual
interest
in
real
24
estate
that
grants
ownership
of
one
or
more
minerals
underlying
25
the
real
estate
to
a
person
other
than
the
person
who
owns
26
the
surface
rights
in
and
to
the
real
estate.
“Interest
in
27
minerals”
does
not
include
a
lease
of
real
estate
that
allows
28
the
tenant
to
remove
minerals
from
the
real
estate.
29
b.
“Minerals”
means
coal,
gas,
oil,
or
other
gaseous,
30
liquid,
or
solid
hydrocarbons;
oil
shale;
gemstones;
31
fissionable
or
nonfissionable
ore;
and
steam
or
other
32
geothermal
resources.
33
2.
A
city
shall
divest
itself
of
any
interest
in
minerals
34
owned
or
controlled
by
the
county
and
shall
convey
such
35
-1-
LSB
5820YH
(2)
91
ms/js
1/
2
H.F.
2213
interest
in
minerals
to
the
surface
owner
of
the
land
to
1
which
the
interest
in
minerals
pertains.
A
conveyance
under
2
this
section
shall
be
made
without
consideration
and
shall
be
3
without
cost
to
the
surface
owner
of
the
land.
4
3.
A
city
shall
complete
all
conveyances
required
under
this
5
section
no
later
than
five
years
after
the
effective
date
of
6
this
Act.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
requires
a
county
or
city
to
divest
any
interest
11
in
minerals
that
the
county
or
city
owns
or
controls.
The
12
county
or
city
shall
convey
any
interest
in
minerals
it
owns
or
13
controls
to
the
surface
owner
of
the
land
to
which
the
interest
14
in
minerals
pertains.
15
Counties
and
cities
shall
complete
all
conveyances
required
16
under
the
bill
no
later
than
five
years
after
the
effective
17
date
of
the
bill.
18
-2-
LSB
5820YH
(2)
91
ms/js
2/
2