Bill Text: IA HSB599 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for requiring recording of claims involving mineral rights in real estate owned by another person and providing for loss of mineral rights if a claim is not timely recorded.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - In Judiciary [HSB599 Detail]
Download: Iowa-2013-HSB599-Introduced.html
House
Study
Bill
599
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
requiring
recording
of
claims
involving
mineral
rights
1
in
real
estate
owned
by
another
person
and
providing
for
2
loss
of
mineral
rights
if
a
claim
is
not
timely
recorded.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
GENERAL
2
Section
1.
NEW
SECTION
.
614.24A
Requirement
for
recording
3
interest
in
minerals
——
timely
recording.
4
1.
As
used
in
this
section,
unless
the
context
otherwise
5
requires:
6
a.
“Interest
in
minerals”
means
a
perpetual
interest
in
real
7
estate
granting
ownership
of
one
or
more
minerals
in
the
real
8
estate
to
a
person
other
than
the
person
who
owns
the
remainder
9
of
the
real
estate
in
which
the
minerals
are
located.
“Interest
10
in
minerals”
does
not
include
a
lease
of
real
estate
that
allows
11
the
tenant
to
remove
minerals
from
the
real
estate.
12
b.
“Mineral”
means
coal,
gas,
oil
or
other
gaseous,
liquid,
13
or
solid
hydrocarbons;
oil
shale;
gemstones;
fissionable
or
14
nonfissionable
ore;
and
steam
or
other
geothermal
resources.
15
2.
a.
An
action
based
upon
any
claim
by
a
person
to
an
16
interest
in
minerals
in
real
estate
owned
by
another
person,
17
which
interest
in
minerals
was
created
prior
to
July
1,
1994,
18
shall
not
be
maintained
either
at
law
or
in
equity
in
any
court
19
to
enforce
or
recover
such
interest
in
minerals
against
the
20
holder
of
the
record
title
to
such
real
estate
in
possession,
21
unless
the
person
claiming
the
interest
in
minerals
files
a
22
verified
claim
with
the
recorder
of
the
county
where
the
real
23
estate
is
located
not
later
than
June
30,
2015.
24
b.
An
action
based
upon
any
claim
by
a
person
to
an
interest
25
in
minerals
in
real
estate
owned
by
another
person,
which
26
interest
in
minerals
was
created
on
or
after
July
1,
1994,
27
shall
not
be
maintained
either
at
law
or
in
equity
in
any
court
28
to
enforce
or
recover
such
interest
in
minerals
against
the
29
holder
of
the
record
title
to
such
real
estate
in
possession
30
after
twenty-one
years
from
the
recording
of
the
instrument
31
creating
the
interest
in
minerals
or
within
twenty-one
years
32
after
filing
the
last
verified
claim,
unless
the
person
33
claiming
the
interest
in
minerals
files
a
verified
claim
with
34
the
recorder
of
the
county
where
the
real
estate
is
located
35
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within
that
twenty-one
year
period.
1
c.
If
the
interest
in
minerals
is
separately
listed
and
2
assessed
by
an
assessor
for
property
taxation
purposes,
the
3
provisions
of
paragraph
“a”
or
“b”
requiring
the
filing
of
a
4
verified
claim
shall
not
apply
to
the
interest
in
minerals
so
5
listed
and
assessed
for
so
long
as
the
interest
in
minerals
6
remains
listed
and
assessed
as
a
separate
tax
parcel.
At
such
7
time
as
the
assessor
may
cease
to
separately
list
and
assess
8
the
interest
in
minerals,
the
person
claiming
such
interest
in
9
the
minerals
must
file
a
verified
claim
by
not
later
than
the
10
latest
of
the
following:
11
(1)
Twenty-one
years
after
the
date
of
recording
of
the
12
instrument
creating
the
interest
in
minerals.
13
(2)
Twenty-one
years
after
the
date
of
filing
the
last
14
verified
claim.
15
(3)
December
31
of
the
year
after
the
year
the
interest
in
16
minerals
is
no
longer
listed
and
assessed
as
a
separate
tax
17
parcel.
18
3.
The
claimant
may
be
any
person
claiming
an
interest
in
19
minerals,
regardless
of
whether
that
interest
in
minerals
is
a
20
present
interest
or
an
interest
that
would
come
into
existence
21
if
the
happening
or
contingency
provided
in
the
instrument
22
creating
the
interest
in
minerals
were
to
happen
at
once.
A
23
claimant
also
may
be
any
member
of
a
class
of
persons
entitled
24
to
claim
such
interest.
25
4.
A
verified
claim
must
comply
with
all
of
the
following:
26
a.
Be
filed
by
the
claimant
personally
or
by
the
claimant’s
27
attorney
or
agent.
However,
if
the
claimant
is
a
minor
or
28
under
legal
disability,
the
verified
claim
may
be
filed
by
the
29
claimant’s
guardian,
custodian,
parent,
or
next
friend.
30
b.
Identify
the
name
and
address
of
the
person
claiming
31
the
interest
in
minerals,
the
nature
of
the
interest,
the
32
instrument
creating
the
interest,
together
with
dates
of
33
execution
and
recording
of
the
instrument,
the
instrument
34
number
provided
in
the
records
of
the
recorder
as
provided
in
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section
331.606B,
and
the
legal
description
of
the
real
estate
1
subject
to
the
interest
in
minerals.
2
c.
Certify
that
the
verified
claim
was
delivered
by
3
certified
mail
or
personal
delivery
to
the
record
owner
of
the
4
real
estate
where
the
minerals
are
located.
If
the
verified
5
claim
is
sent
by
certified
mail
it
will
be
sufficient
if
it
is
6
mailed
to
the
address
of
the
record
owner
of
the
real
estate
7
where
the
minerals
are
located
that
is
shown
in
the
records
of
8
the
assessor
who
assesses
such
real
estate
for
taxation.
9
5.
This
section
shall
not
be
construed
to
do
any
of
the
10
following:
11
a.
Revive
or
extinguish
an
interest
in
coal,
including
12
but
not
limited
to
a
mineral
interest
in
coal
as
provided
in
13
chapter
557C.
14
b.
Impair
the
validity
of
an
environmental
covenant
15
established
pursuant
to
chapter
455I.
16
c.
Revive
an
interest
in
minerals
that
has
expired
or
been
17
terminated
under
the
terms
of
the
instrument
creating
such
18
interest
in
minerals.
19
d.
Bar
or
extinguish
any
right
to
remove
gravel,
limestone,
20
or
sand
of
such
right.
21
DIVISION
II
22
CONFORMING
AMENDMENTS
23
Sec.
2.
Section
614.25,
Code
2014,
is
amended
to
read
as
24
follows:
25
614.25
Effect
of
filing
claim.
26
The
filing
of
such
a
claim
under
section
614.24
or
614.24A
27
shall
extend
for
a
further
period
of
twenty-one
years
the
28
time
within
which
such
an
action
may
be
brought
by
any
person
29
entitled
thereto
to
bring
such
action
,
and
successive
claims
30
for
further
like
extensions
may
be
filed.
31
Sec.
3.
Section
614.26,
Code
2014,
is
amended
to
read
as
32
follows:
33
614.26
Indexing.
34
The
provisions
of
section
614.18
are
made
applicable
to
the
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provisions
of
sections
614.24
to
through
614.28
.
1
Sec.
4.
Section
614.27,
Code
2014,
is
amended
to
read
as
2
follows:
3
614.27
Persons
under
disability.
4
The
provisions
of
section
614.8
as
to
the
rights
of
minors
5
and
persons
with
mental
illness
shall
not
be
applicable
against
6
the
provisions
of
sections
614.24
to
through
614.28
.
7
Sec.
5.
Section
614.28,
Code
2014,
is
amended
to
read
as
8
follows:
9
614.28
Barred
claims.
10
The
provisions
of
sections
614.24
to
through
614.27
,
11
inclusive,
or
the
filing
of
a
claim
or
claims,
hereunder
under
12
those
sections
,
shall
not
revive
or
permit
an
action
to
be
13
brought
or
maintained
upon
any
claim
or
cause
of
action
which
14
that
is
barred
by
any
other
statute.
Provided
further,
that
15
nothing
contained
in
these
sections
shall
affect
litigation
16
pending
on
July
4,
1965.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
GENERAL.
This
bill
provides
for
the
reservation
of
a
right
21
to
bring
a
claim
in
district
court
involving
an
interest
in
22
one
or
more
minerals
underlying
the
surface
of
real
estate
to
23
which
another
person
holds
record
title.
The
bill
does
not
24
revive
or
extinguish
an
interest
in
coal
(Code
chapter
557C),
25
impair
the
validity
of
an
environmental
covenant
(Code
chapter
26
455I),
revive
an
interest
in
minerals
that
has
expired
or
been
27
terminated,
or
bar
a
right
to
remove
gravel,
limestone,
or
sand
28
in
some
circumstances.
29
RIGHTS
BASED
ON
WHEN
INTEREST
WAS
CREATED.
The
bill
provides
30
for
two
different
circumstances:
(1)
an
interest
in
minerals
31
created
prior
to
July
1,
1994,
or
(2)
an
interest
in
minerals
32
created
on
or
after
that
date.
In
the
first
circumstance,
33
the
person
must
file
a
verified
claim
with
the
appropriate
34
county
recorder
by
June
30,
2015.
In
the
second
circumstance,
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the
person
must
file
a
verified
claim
with
the
appropriate
1
county
recorder
within
21
years
from
the
recording
of
the
2
instrument
creating
the
interest
in
minerals
or
within
21
years
3
after
filing
the
last
verified
claim.
However,
one
exception
4
applies
in
both
circumstances:
when
an
interest
in
minerals
5
is
separately
listed
and
assessed
by
an
assessor
for
property
6
taxation
purposes.
A
verified
claim
is
not
required
to
be
7
filed
until
the
assessor
ceases
to
separately
list
and
assess
8
the
interest
in
minerals.
In
that
case,
the
person
must
file
9
the
verified
claim
by
the
later
of
21
years
after
the
date
of
10
recording
of
the
instrument,
21
years
after
the
date
of
filing
11
the
last
verified
claim,
or
December
31
of
the
year
after
the
12
year
the
interest
in
minerals
is
no
longer
listed
and
assessed
13
as
a
separate
tax
parcel.
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