Property & Mineral Rights in Iowa
Property and mineral rights in Iowa are known as fee simple estates meaning property owners hold both the surface and mineral rights of a property. In other areas of the country, mineral rights can be segregated from the surface rights, becoming a separate entity which can be bought, sold and leased. Iowa regulates mining operations but treats mineral rights as property of the real-estate owner.
Features
The Iowa Department of Agriculture and Land Stewardship collects information on Iowa's minerals property. Iowa has 1,100 registered mine sites operated by 250 companies in 26 counties. The companies mine limestone, sand, gravel, gypsum and clay. Iowa does not have a lot of mineral riches, however, Iowa's mines produce 25 million tons of limestone processed for chemical use.
Function
Because most of the mining that occurs in Iowa is open pit mining, regulatory emphasis is placed on reclaiming land after operations cease. Mine operators must obtain licenses and register reclamation surety bonds, which provides financial compensation to the state, insuring that sites will be reclaimed in the event of default by the operator. The Division of Soil Conservation Service also registers each mine's location and owner, transfers mine registrations, and releases bonds upon reclamation.
Features
The Department of Agriculture and Land Stewardship requires mine operators to minimize soil erosion and topsoil losses; topsoil cannot be destroyed or buried. Topsoil and overburden must be stockpiled separately and during reclamation topsoil most be smoothed down and the area must be replanted. Registered boundaries around mine operations must be between 25 and 50 feet, which includes more land than just the mine to be addressed during reclamation efforts.
Considerations
In a case reviewed by the Iowa attorney general, mineral rights were segregated from surface rights during a tax sale. Although the mineral rights were never redeemed, the attorney general did rule that the treasurer could issue a certificate of redemption for tax purposes. Note, in this case, the deed of title to the mineral rights was not addressed. If fee simple estate rights are in question, a deed title search would be necessary. Records at the county level should be searched as far back as 1850 to determine if mineral rights were ever segregated from a specific surface property. Keep in mind, the current regulations only address fee simple estates, thus, consultation with an attorney is necessary.
Theories/Speculation
Iowa focuses on promoting agricultural resources, not mining. Iowa does not grant mineral rights on state land and receives no royalty payments from mining operation revenues. However, Iowa insures that soil is conserved and protected during any mining operation occurring within state borders.
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