House
File
2531
-
Introduced
HOUSE
FILE
2531
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HF
2213)
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
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H.F.
2531
Section
1.
NEW
SECTION
.
331.310
Mineral
rights.
1
1.
For
purposes
of
this
section:
2
a.
“Interest
in
minerals”
means
an
interest
in
real
estate
3
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
an
active
lease
in
real
estate
that
7
allows
the
tenant
to
remove
minerals
from
the
real
estate.
8
b.
“Minerals”
means
coal,
naturally
occurring
gases,
oil,
9
or
other
gaseous,
liquid,
or
solid
hydrocarbons;
oil
shale;
10
gemstones;
metals;
fissionable
or
nonfissionable
ore;
and
steam
11
or
other
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
which
15
the
interest
in
minerals
pertains
except
where
the
county
is
16
the
fee
simple
surface
owner
of
the
land.
A
conveyance
under
17
this
section
shall
be
made
without
consideration
and
shall
be
18
without
cost
to
the
surface
owner
of
the
land.
19
3.
A
county
shall
complete
all
conveyances
required
under
20
this
section
no
later
than
five
years
after
the
effective
date
21
of
this
Act.
Conveyances
pursuant
to
section
458A.20
shall
22
be
completed
within
one
hundred
fifty
days
of
service
of
the
23
required
notice.
Any
interest
in
minerals
acquired
by
the
24
county
after
the
effective
date
of
this
Act
shall
be
conveyed
25
as
required
under
this
section
within
ninety
days.
26
Sec.
2.
NEW
SECTION
.
364.26
Mineral
rights.
27
1.
For
purposes
of
this
section:
28
a.
“Interest
in
minerals”
means
an
interest
in
real
estate
29
that
grants
ownership
of
one
or
more
minerals
underlying
30
the
real
estate
to
a
person
other
than
the
person
who
owns
31
the
surface
rights
in
and
to
the
real
estate.
“Interest
in
32
minerals”
does
not
include
an
active
lease
in
real
estate
that
33
allows
the
tenant
to
remove
minerals
from
the
real
estate.
34
b.
“Minerals”
means
coal,
naturally
occurring
gases,
oil,
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or
other
gaseous,
liquid,
or
solid
hydrocarbons;
oil
shale;
1
gemstones;
metals;
fissionable
or
nonfissionable
ore;
and
steam
2
or
other
geothermal
resources.
3
2.
A
city
shall
divest
itself
of
any
interest
in
minerals
4
owned
or
controlled
by
the
city
and
shall
convey
such
interest
5
in
minerals
to
the
surface
owner
of
the
land
to
which
the
6
interest
in
minerals
pertains
except
where
the
city
is
the
7
surface
owner
of
the
land.
A
conveyance
under
this
section
8
shall
be
made
without
consideration
and
shall
be
without
cost
9
to
the
surface
owner
of
the
land.
10
3.
A
city
shall
complete
all
conveyances
required
under
this
11
section
no
later
than
five
years
after
the
effective
date
of
12
this
Act.
Any
interest
in
minerals
acquired
by
the
city
after
13
the
effective
date
of
this
Act
shall
be
conveyed
as
required
14
under
this
section
within
ninety
days.
15
Sec.
3.
Section
446.7,
Code
2026,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
3.
The
county
shall
not
offer
for
sale
18
mineral
rights
or
an
interest
in
minerals,
as
defined
in
19
section
331.310.
If
the
taxes
on
any
mineral
rights
or
20
interests
not
owned
by
the
owner
of
the
land
are
delinquent,
21
the
county
shall
proceed
in
accordance
with
section
458A.20.
22
Sec.
4.
Section
458A.20,
Code
2026,
is
amended
to
read
as
23
follows:
24
458A.20
Tax
sale
——
redemption
by
owner.
25
1.
When
If
the
taxes
on
any
mineral
rights
or
interests
26
not
owned
by
the
owner
of
the
land
are
sold
at
tax
sale,
and
27
when
delinquent,
the
county
treasurer
shall
send
a
statement
28
of
delinquent
taxes
and
a
notice
that
the
mineral
rights
or
29
interests
will
be
conveyed
to
the
owner
of
the
land
unless
the
30
owner
of
those
mineral
rights
or
interests
does
not
redeem
31
under
the
provisions
of
chapter
447
pays
the
total
amount
32
of
the
delinquent
taxes,
interest,
and
costs
to
the
county
33
treasurer
within
ninety
days
after
the
tax
sale,
the
owner
of
34
the
land
shall
thereafter
have
the
same
right
of
redemption
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as
the
owner
of
the
mineral
rights
or
interests
has,
and
1
redemption
by
the
notice
is
served.
The
county
treasurer
shall
2
serve
the
notice
by
sending
it
by
regular
first
class
mail
3
to
the
person’s
last
known
address
and
to
the
address
of
the
4
person’s
registered
agent
listed
with
the
secretary
of
state,
5
if
applicable.
6
2.
When
the
owner
of
those
mineral
rights
or
interests
does
7
not
pay
the
total
amount
due
by
the
deadline,
the
county
shall
8
convey
the
mineral
rights
or
interests
pursuant
to
section
9
331.310
to
the
owner
of
the
land
.
Such
conveyance
shall
10
terminate
any
right
of
redemption
of
the
owner
of
the
mineral
11
rights
or
interests.
12
3.
a.
The
county
may
collect
the
total
amount
due
by
13
converting
the
amount
due
to
a
personal
judgment
pursuant
to
14
sections
445.3
and
446.20,
notwithstanding
the
absence
of
a
tax
15
sale
or
tax
sale
certificate.
16
b.
If
the
treasurer
determines
that
it
is
impractical
to
17
pursue
collection
of
the
total
amount
due
through
the
tax
sale
18
and
the
personal
judgment
remedies,
the
treasurer
shall
make
19
a
written
recommendation
to
the
board
of
supervisors
to
abate
20
the
amount
due.
The
board
of
supervisors
shall
abate,
by
21
resolution,
the
amount
due
and
direct
the
treasurer
to
strike
22
the
amount
due
from
the
county
system.
23
Sec.
5.
Section
557C.1,
Code
2026,
is
amended
to
read
as
24
follows:
25
557C.1
Lapse
of
mineral
interests
in
coal
——
prevention.
26
A
mineral
interest
in
coal
shall
be
extinguished
is
27
abandoned
if
it
has
not
been
active
in
accordance
with
section
28
557C.3
for
a
period
of
twenty
years
after
its
creation,
29
transfer,
or
preservation,
unless
a
statement
of
claim
is
30
filed
in
accordance
with
section
557C.3,
and
the
ownership
31
shall
revert
to
the
person
who
was
then
the
owner
of
the
32
interest
from
which
the
mineral
interest
in
coal
was
created,
33
transferred,
or
preserved
557C.4
.
Title
to
an
abandoned
34
mineral
interest
vests
in
the
owner
of
the
surface
estate
in
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the
land
in,
or
under
which
the
mineral
interest
is
located
on
1
the
date
of
abandonment.
Upon
the
filing
of
a
statement
of
2
claim
within
the
specified
period,
the
mineral
interest
shall
3
be
deemed
to
have
been
preserved
for
an
additional
period
of
4
twenty
years,
or
a
shorter
period
as
may
be
specified
in
the
5
instrument
creating
the
interest.
6
Sec.
6.
Section
557C.2,
subsection
2,
Code
2026,
is
amended
7
to
read
as
follows:
8
2.
“Mineral
interest
in
coal
”
means
an
interest
created
by
9
an
instrument
which
that
creates
or
transfers
,
either
by
grant,
10
assignment,
reservation,
or
otherwise,
an
interest
of
any
kind
11
in
coal,
as
described
in
chapter
207
oil
and
gas,
naturally
12
occurring
gases
including
but
not
limited
to
geologic
hydrogen,
13
hydrocarbons,
metals,
or
other
minerals
,
without
limitation
on
14
the
manner
of
extraction
or
mining
the
coal
.
15
Sec.
7.
NEW
SECTION
.
557C.2A
Active
mineral
interests.
16
A
mineral
interest
is
active
when
any
one
of
the
following
17
conditions
exists:
18
1.
Minerals
are
produced
or
explored
by
or
with
the
express
19
permission
of
the
record
owner
of
the
mineral
interest.
20
2.
Operations
are
conducted
for
extraction,
withdrawal,
21
injection,
storage,
or
disposal
of
water,
gas,
or
other
fluid
22
substances
to
produce
or
enhance
the
production
of
minerals
23
by
or
with
the
express
permission
of
the
record
holder
of
the
24
mineral
interest.
25
3.
For
sold
minerals,
there
is
a
production
from
a
well
or
26
a
common
vein
or
seam
with
the
express
permission
of
the
record
27
owner
of
the
mineral
interest.
28
4.
Any
valid
conveyance,
lease,
mortgage,
assignment,
29
private
distribution,
termination
of
joint
tenancy
interest
30
affidavit,
termination
of
life
estate
affidavit,
or
any
31
judgment
or
decree
that
makes
specific
references
to
the
record
32
owner’s
mineral
interest
is
recorded
within
the
last
twenty
33
years
in
the
recorder’s
office
for
the
county
in
which
the
34
mineral
interest
is
located.
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5.
The
mineral
interest
is
subject
to
an
agreement
or
order
1
to
pool
or
unitize.
2
6.
A
statement
of
claim
is
filed
in
accordance
with
section
3
557C.4.
4
Sec.
8.
Section
557C.3,
Code
2026,
is
amended
to
read
as
5
follows:
6
557C.3
Statement
of
claim
——
filing
requirement.
7
The
statement
of
claim
provided
in
section
557C.1
shall
be
8
filed
by
the
owner
of
the
mineral
interest
in
coal
prior
to
the
9
end
of
the
twenty-year
period
set
forth
in
section
557C.1
or
10
by
July
1,
1994,
whichever
is
later.
The
statement
of
claim
11
shall
contain
the
name
and
address
of
the
owner
of
the
mineral
12
interest
in
coal
,
and
a
description
of
the
real
estate
on,
or
13
under,
which
the
mineral
interest
in
coal
is
located.
The
14
statement
of
claim
shall
be
filed
in
the
office
of
the
recorder
15
in
the
county
in
which
the
real
estate
is
located.
16
Sec.
9.
Section
557C.4,
Code
2026,
is
amended
to
read
as
17
follows:
18
557C.4
Statement
of
claim
——
recorder’s
duty.
19
Upon
the
filing
of
the
statement
of
claim
provided
for
in
20
section
557C.3
in
the
recorder’s
office
for
the
county
where
21
the
real
estate
on,
or
under,
which
the
mineral
interest
22
in
coal
exists
,
is
located,
the
recorder
shall
record
the
23
statement
of
claim
and
index
the
entries
required
to
be
made
24
pursuant
to
section
557C.3
and
any
applicable
entries
specified
25
in
sections
558.49
and
558.52
.
26
Sec.
10.
Section
557C.5,
Code
2026,
is
amended
to
read
as
27
follows:
28
557C.5
Reservation
in
other
conveyance.
29
A
reservation
of
a
mineral
interest
in
coal
or
an
exception
30
of
a
mineral
interest
in
coal
,
contained
in
a
conveyance
of
31
the
interest
out
of
which
it
is
carved,
by
a
nonowner
of
the
32
mineral
interest
in
coal
shall
not
be
deemed
to
satisfy
the
33
requirements
of
this
chapter
or
as
a
revival
of
a
mineral
34
interest
in
coal
otherwise
extinguished
under
this
chapter
.
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Sec.
11.
Section
557C.6,
Code
2026,
is
amended
to
read
as
1
follows:
2
557C.6
Exemption.
3
The
filing
of
the
statement
of
claim
required
under
section
4
557C.3
to
preserve
the
mineral
interest
in
coal
shall
not
be
5
required
of
an
owner
if
the
mineral
interest
was
separately
6
taxed
for
real
estate
tax
purposes
at
any
time
after
July
1,
7
1971
,
the
tax
was
paid,
the
mineral
interest
has
not
been
8
subject
to
a
tax
sale,
and
the
mineral
interest
has
not
been
9
conveyed
to
the
owner
of
the
surface
estate
pursuant
to
section
10
331.310
or
458A.20
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
requires
a
county
or
city
to
divest
any
interest
15
in
minerals
that
the
county
or
city
owns
or
controls.
The
16
county
or
city
shall
convey
any
interest
in
minerals
it
owns
or
17
controls
to
the
surface
owner
of
the
land
to
which
the
interest
18
in
minerals
pertains.
19
Counties
and
cities
shall
complete
all
conveyances
required
20
under
the
bill
no
later
than
five
years
after
the
effective
21
date
of
the
bill.
Any
interest
in
minerals
acquired
by
a
22
county
or
city
after
the
effective
date
of
the
bill
shall
be
23
conveyed
within
90
days.
24
The
bill
provides
that
if
taxes
on
any
mineral
rights
or
25
interests
not
owned
by
the
owner
of
the
land
are
delinquent,
26
then
the
county
shall
send
a
statement
of
the
delinquent
taxes
27
along
with
a
notice
that
the
mineral
rights
or
interests
will
28
be
conveyed
to
the
owner
of
the
land
unless
the
owner
of
those
29
mineral
rights
or
interests
pays
the
total
amount
due
within
30
90
days
after
the
notice
is
served.
The
notice
shall
be
served
31
through
first
class
mail.
If
the
owner
of
the
mineral
rights
32
and
interests
does
not
pay
the
total
amount
due,
the
county
33
shall
convey
the
mineral
rights
and
interests
to
the
owner
of
34
the
land,
terminating
any
right
of
redemption
of
the
owner
of
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the
mineral
rights
or
interests.
1
The
bill
authorizes
the
county
to
collect
the
total
amount
2
due
by
converting
the
amount
to
a
personal
judgment.
If
the
3
treasurer
finds
that
it
is
impractical
to
collect
the
amount
4
due
through
tax
sale
and
personal
judgment,
the
treasurer
shall
5
make
a
written
recommendation
to
the
board
of
supervisors
to
6
abate
the
total
amount
due.
The
board
of
supervisors
shall
7
abate,
by
resolution,
the
amount
due
and
direct
the
treasurer
8
to
strike
the
amount
due
from
the
county
system.
9
Under
current
law,
a
mineral
interest
in
coal
is
10
automatically
extinguished
20
years
after
its
creation,
11
transfer,
or
preservation
and
the
ownership
is
reverted
back
12
to
the
owner
of
the
land,
unless
a
statement
of
claim
is
filed.
13
The
bill
provides
that
any
mineral
interest
is
abandoned
if
14
it
has
not
been
active
for
a
period
of
20
years
after
its
15
creation,
transfer,
or
preservation,
unless
a
statement
of
16
claim
is
filed.
The
bill
specifies
that
a
mineral
interest
is
17
active
when
one
of
several
certain
conditions
exist.
Title
18
to
the
abandoned
mineral
interest
vests
in
the
owner
of
the
19
surface
estate
in
the
land
in,
or
under,
which
the
mineral
20
interest
is
located
on
the
date
of
abandonment.
21
The
bill
provides
that
the
statement
of
claim
shall
not
be
22
required
of
an
owner
if
the
mineral
interest
was
separately
23
taxed
for
real
estate
tax
purposes,
the
tax
was
paid,
the
24
mineral
interest
has
not
been
subject
to
a
tax
sale,
and
the
25
mineral
interest
has
not
been
conveyed
to
the
owner
of
the
26
surface
estate.
27
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