HF 2213 (LSB 5820YH (2) 91)

HOUSE FILE 2213

BY  HARRIS

A BILL FOR

An Act relating to interests in minerals owned by counties and cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  331.310  Mineral rights.
   1.  For purposes of this section:
   a.  “Interest in minerals” means a perpetual interest in real estate that grants ownership of one or more minerals underlying the real estate to a person other than the person who owns the surface rights in and to the real estate. “Interest in minerals” does not include a lease of real estate that allows the tenant to remove minerals from the real estate.
   b.  “Minerals” means coal, gas, oil, or other gaseous, liquid, or solid hydrocarbons; oil shale; gemstones; fissionable or nonfissionable ore; and steam or other geothermal resources.
   2.  A county shall divest itself of any interest in minerals owned or controlled by the county and shall convey such interest in minerals to the surface owner of the land to which the interest in minerals pertains. A conveyance under this section shall be made without consideration and shall be without cost to the surface owner of the land.
   3.  A county shall complete all conveyances required under this section no later than five years after the effective date of this Act.
    Sec. 2.  NEW SECTION.  364.26  Mineral rights.
   1.  For purposes of this section:
   a.  “Interest in minerals” means a perpetual interest in real estate that grants ownership of one or more minerals underlying the real estate to a person other than the person who owns the surface rights in and to the real estate. “Interest in minerals” does not include a lease of real estate that allows the tenant to remove minerals from the real estate.
   b.  “Minerals” means coal, gas, oil, or other gaseous, liquid, or solid hydrocarbons; oil shale; gemstones; fissionable or nonfissionable ore; and steam or other geothermal resources.
   2.  A city shall divest itself of any interest in minerals owned or controlled by the county and shall convey such interest in minerals to the surface owner of the land to which the interest in minerals pertains. A conveyance under this section shall be made without consideration and shall be without cost to the surface owner of the land.
   3.  A city shall complete all conveyances required under this section no later than five years after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a county or city to divest any interest in minerals that the county or city owns or controls. The county or city shall convey any interest in minerals it owns or controls to the surface owner of the land to which the interest in minerals pertains.
   Counties and cities shall complete all conveyances required under the bill no later than five years after the effective date of the bill.