Senate adopts bill requiring cities and counties to divest mineral interests to surface owners

The Senate on May 2 adopted House File 2531, a bill that requires cities and counties to divest mineral interests they own or control and convey those interests to the surface landowner, sponsor Senator John Driscoll said.

"House File 25 31 requires cities and counties to divest itself of any mineral interest owned or controlled by the city or county by 07/01/2031, and shall convey that interest to the surface land owner," Senator Driscoll said in opening comments. He said conveyances are to be made "without consideration and without cost to the surface land owner" and that a mineral interest is deemed abandoned if inactive for 20 years after creation, transfer or preservation.

Senator Driscoll also explained amendments the chamber adopted. One amendment clarified that the bill’s list of minerals does not include gypsum, clay, stone, sand, gravel or other mineral solids (except coal) because those are already regulated under existing code. A second adopted amendment changed the effective date to "upon enactment." The senator described the measure as "about the protection of property rights."

The Senate recorded individual votes as part of the roll call; several senators were named in the session record (for example, Senator Goof voted aye; Senator Whitver voted aye; Senator Zumba voted aye; Senator Kornbach voted nay; Senator Dawson voted aye). The chair announced that the bill "having received a constitutional majority is declared to pass the senate," and the Senate ordered the bill immediately messaged to the House with unanimous consent.

The bill’s provisions affect municipal and county holdings of mineral interests and set timelines and conditions under which mineral interests transfer to surface owners. The Senate’s action completes its chamber’s consideration; the Senate record says the measure was immediately messaged following passage.