General Assembly: 81 (2006 Regular GA) - Chapter 1031 - County books and records — miscellaneous changes


Published: 2006-04-07

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104LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1031

CH. 1031CH. 1031

CHAPTER 1031

COUNTY BOOKS AND RECORDS — MISCELLANEOUS CHANGES

S.F. 2264

ANACT relating to theduties of county recorders and county auditors concerning instruments affecting real estate and certain other filings recorded by the county recorder.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 331.602, subsection 5, Code Supplement 2005, is amended by striking the subsection.

Sec. 2. Section 331.603, subsection 3, Code 2005, is amended to read as follows: 3. The recorder may reproduce in miniature on a durable medium any instrument to be re-

corded. When a recorded instrument involves a release, or assignment, or other subsequent reference to an original document, the separate instrument filed acknowledging the release, or assignment, or other subsequent reference shall be reproduced. In lieu ofmarginal entries, the recorder shall make notations on both the index and the record of the original instrument cross-reference the release, assignment, or other subsequent reference with the record of the original document. When an official record is produced in miniature, a security copy shall be reproduced at the same time and kept outside of the courthouse.

Sec. 3. Section 331.606B, subsection 2, unnumbered paragraph 1, Code 2005, is amended to read as follows: Each document or instrument, other than a plat or survey or a drawing related to a plat or

survey, that is presented for recording and that contains any of shall contain the following in- formation shall have that information on the first page below the three-inch margin:

Sec. 4. Section 331.607, subsection 1, Code 2005, is amended to read as follows: 1. A record for military discharges Military personnel records as provided in section

331.608.

Sec. 5. Section 331.608, subsections 3 and 9, Code Supplement 2005, are amended to read as follows: 3. The recorder shall record without charge the commissions and warrants of veteran offi-

cers and noncommissioned officers,; orders citing a veteran for bravery and meritorious ac- tion, and; citations and bestowals of medals from the state, federal, or foreign governments; and any other documents needed to perfect a claim. 9. As used in this section, “veteran”means a veteran as defined in section 35.1, who enlisted

or was inducted from the county, resided at any time in the county, or is buried in the county. For purposes of recordsmaintained for claims filed under chapter 426A, “veteran” alsomeans a veteran as defined in section 426A.11, subsection 4.

Sec. 6. Section 458A.22, Code 2005, is amended to read as follows: 458A.22 DUTY TO HAVE FORFEITED LEASE RELEASED — AFFIDAVIT OF NONCOM-

PLIANCE — NOTICE TO LANDOWNER — REMEDIES. 1. When any oil, gas, or metallic mineral lease given on land situated in Iowa and recorded,

becomes forfeited by failure of the lessee to comply with its provisions or the Iowa law, the lessee shall, within sixty days after date of forfeiture of the lease, have the lease surrendered in writing, duly acknowledged, and placed on record in the county where the leased land is situated, or the lease may be released by a marginal release on margin of the record without cost to the owner of land described in the lease. If the lessee fails to execute and record a re- lease of the recorded leasewithin the time provided for, the owner of the landmay execute and

105 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1031

filewith the recorder of the counties inwhich the forfeited lease has been recorded an affidavit of noncompliance in substantially the following form:

AFFIDAVIT OF NONCOMPLIANCE State of Iowa ) County of . . . . . . . . . . . . ) ss. . . . . . . . . . . . . . . , being first duly sworn, upon oath deposes and says that the deponent is

. . . . . . . . . . . . as referred to in an (oil and gas) (metallicmineral)mining lease dated the . . . . . . day of . . . . . . . . . . . . (month), . . . . . . . . (year), which lease is recorded inVolume . . . . . . , Page . . . . . . , or as Instrument# . . . . . . . of theCountyRecords of . . . . . . . . . . . . County, . . . . . . , and which lease covers the following described lands: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . And further, deponent says that on the . . . . . . dayof . . . . . . . . . . . . (month), . . . . . . . . (year),

under the terms of said lease, there should have been paid to the deponent or deposited to the deponent’s credit in the . . . . . . . . . . . . . . . . Bankof . . . . . . . . . . . . . . . . the sumof . . . . . . . . Dol- lars ($. . . . . . . . ), the payment of which was necessary in order to keep the above described lease in force and effect. Deponent hereby swears the above payment has never been made to the deponent or the deponent’s representatives, in money or otherwise, nor has same been deposited to the deponent’s credit in the above bank. And further, deponent says that there has been no drilling or development of any nature or

kind whatsoever done on the land covered by the lease referred to herein, as called for under the terms of said lease.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subscribed and sworn to before me, a Notary Public for the State of Iowa, this . . . . . . . . day

of . . . . . . . . . . . . (month), . . . . . . (year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public

My commission expires . . . . . . . . . . . . . . . . . . . . AFFIDAVIT OF THE BANKER

State of . . . . . . . . . . . . ) County of . . . . . . . . . . . . ) ss. I, . . . . . . . . . . . . , (Cashier) (President) of the . . . . . . . . . . . . Bank of . . . . . . . . . . . . , being first

duly sworn, uponmyoathdeclare that therehasnot beendeposited to the credit of . . . . . . . . . . . in the . . . . . . . . . . . . Bank of . . . . . . . . . . . . , by . . . . . . . . . . . . or any other party, any sum of moneywhatsoever, in payment of rental under the terms of the (oil and gas) (metallicmineral) mining lease referred to in this affidavit. Witness my hand this . . . . . . . . day of . . . . . . . . . . . . (month), . . . . . . (year)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . (Cashier) (President) of . . . . . . . . . . . . Bank

Subscribed and sworn to before me, a Notary Public for the State of Iowa on the . . . . . . . . day of . . . . . . . . . . . . (month), . . . . . . (year)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public

My commission expires . . . . . . . . . . . . . . . . . . . . 2. The owner of the land shall retain the original affidavit and shall mail a copy of the affida-

vit by restricted certified mail, as defined in section 618.15, to the lessee. If the lessee shall, within thirty days after receipt of the filing of such affidavit, give gives notice in writing, by restricted certified mail, to the county recorder of the county where said owner of the land is located that said the lease has not been forfeited and that said the lessee still claims that said the lease is in full force and effect, then the said affidavit shall not be recorded but the county recorder shall notify the owner of the land of the action of the lessee, and the owner of the land shall be entitled to the remedies provided by this chapter for the cancellation of such disputed lease. 3. If the lessee shall does not notify the county recorder owner of the land as above provided

106LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1031

in subsection 2, then the county recorder owner shall record said file the original affidavit for recording with the county recorder, and thereafter the record of the said lease shall not be no- tice to the public of the existence of said the lease or of any interest therein or rights there- under, and said the record shall not be received in evidence in any court of the state on behalf of the lessee against the lessor, and said the lease shall stand forfeited.

Sec. 7. Section 558.41, subsection 4, Code 2005, is amended to read as follows: 4. TERMINATIONOFLIFEESTATE. Upon the termination of a life estate interest through

the death of the holder of the life estate, any surviving holder or successor in interest shall pre- pare a change of title or affidavit for tax purposes and delivery of the deed or change of title shall deliver such instrument to the county recorder of the county in which each parcel of real estate is located.

Sec. 8. Section 558.49, subsection 3, Code 2005, is amended to read as follows: 3. The date and time when the instrument was filed with the recorder.

Sec. 9. Section 558.57, Code 2005, is amended to read as follows: 558.57 ENTRY ON AUDITOR’S TRANSFER BOOKS. The After the recorder shall not record has accepted for recording and indexed any deed,

real estate installment contract, or other instrument unconditionally conveying real estate or altering a real estate contract by assigning the buyer’s or seller’s interest, changing the name of the buyer or seller, changing the legal description of the property, forfeiting or canceling the contract, or making other significant changes, until the auditor shall make the proper en- tries have been made upon the transfer books in the auditor’s office, and endorsement made upon the deed, real estate installment contract, or other instrument properly dated and offi- cially signed, in substantially the following form: . Entered upon transfer books and for taxation this . . . . . . day of . . . . . . . . . . . . (month),

. . . . . . (year). My fee $. . . . . . collected by recorder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Auditor.

Sec. 10. Section 558.58, subsection 1, Code 2005, is amended to read as follows: 1. At the time of filing a deed, real estate installment contract, or other instrument men-

tioned in section 558.57, the recorder shall collect from the person filing the deed, real estate installment contract, or instrument, and note payment of, the recording fee provided by law and the auditor’s transfer fee, as provided by law, except as provided in subsection 2. The re- corder shall deliver thedeed, real estate installment contract, or instrument to the county audi- tor, after endorsing upon the instrument the following: Filed for record, indexed, and delivered to the county auditor this . . day of . . . . (month), . .

(year), at . . . . o’clock . .m. Recorder’s and auditor’s fee $. . . . paid.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recorder.

After the recorder has accepted the instrument for recording, the instrument shall be in- dexed and then delivered to the auditor to be placed on the auditor’s transfer books.

Sec. 11. Section 558.60, Code 2005, is amended to read as follows: 558.60 TRANSFER AND INDEX BOOKS. The county auditor shall keep in the county auditor’s office books for the transfer of real es-

tate, which shall consist of a transfer book, index book, and plat book. As used in this context, “book” means the method of data storage and retrieval utilized by the county auditor. The auditor shall index the real estate transfers by block and lot or by township, range, sec-

tion, section quarter, and subdivision, as occasionmay require. The transfer books shall show all of the following:

107 LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSION CH. 1031

1. Each grantor. 2. Each grantee. 3. The date of the instrument. 4. The nature of the instrument. 5. The document reference number where the record of the instrument may be found. 6. The description of the real estate conveyed.

Sec. 12. Section 558.63, Code 2005, is amended to read as follows: 558.63 BOOK OF PLATS — HOW KEPT. The auditor shall keep the book of plats so as to show showing the number of lot and block,

or township and range, divided into sections and subdivisions as occasion may require, and shall designate thereon each piece of real estate, and mark in pencil the name of the owner thereon, in a legible manner; which. The plats shall be lettered or numbered so that theymay be conveniently referred to by the memoranda of in the transfer book, and shall be drawn on the scale of not less than four inches to the mile.

Sec. 13. Section 561.4, Code 2005, is amended to read as follows: 561.4 SELECTING — PLATTING. The owner, husband or wife, or a single person, may select the homestead and cause it to

be platted, but a failure to do so shall not render the same liable when it otherwise would not be, and a selection by the owner shall control. When selected, it shall be designated by a legal description, or if impossible it shall be marked off by permanent, visible monuments, and the description shall give the direction and distance of the starting point from some corner of the dwelling, which description, with the plat, shall be filed and recorded by the recorder of the proper county in the homestead book, which shall be, as nearly as may be, in the form of the record books for deeds, with an index kept in the same manner provided in sections 558.49 and 558.52.

Sec. 14. Section 614.21, unnumbered paragraph 1, Code 2005, is amended to read as fol- lows: No action shall be maintained to foreclose or enforce any real estate mortgage, bond for

deed, trust deed, or contract for the sale or conveyance of real estate, after twenty years from the date thereof, as shown by the record of such instrument, unless the record of such instru- ment shows that less than ten years have elapsed since the date ofmaturity of the indebtedness or part thereof, secured thereby, or since the right of action has accrued thereon, or unless the record shows an extension of the maturity of the instrument or of the debt or a part thereof, and that ten years from the expiration of the time of such extension have not yet expired. The date of maturity, when different than as appears by the record of the instrument, and the date of maturity of any extension of said indebtedness or part thereof, may be shown at any time prior to the expiration of the above periods of limitation by the holder of the debt or the owner or assignee of the instrument filing an extension agreement, duly acknowledged as the origi- nal instrumentwas required tobe acknowledged, in the office of the recorderwhere the instru- ment is recorded, or by noting on themargin of the record of such instrument in the recorder’s office an extension of thematurity of the instrument or of the debt secured, or any part thereof; each notation to be witnessed by the recorder and entered upon the index of mortgages in the name of the mortgagor and mortgagee.

Sec. 15. Section 614.35, Code 2005, is amended to read as follows: 614.35 RECORDING INTEREST. Tobeeffective and tobe entitled to record, thenotice above referred to shall contain anaccu-

rate and full description of all land affected by such notice which description shall be set forth in particular terms and not by general inclusions; but if said the claim is founded upon a re- corded instrument, then the description in such notice may be the same as that contained in such recorded instrument. Such notice shall be filed for record in the office of the county re-

108LAWS OF THE EIGHTY-FIRST G.A., 2006 SESSIONCH. 1031

corder of the county or counties where the land described therein in the notice is situated. The recorder of each county shall accept all such notices presented to the recorder which describe land located in the county in which the recorder serves and shall enter and record full copies thereof in the same way that deeds and other instruments are recorded of the notices in the manner provided in sections 558.49 and 558.52, and each recorder shall be entitled to charge the same fees for the recording thereof of the notices as are charged for recording deeds. In indexing such notices in the recorder’s office each recorder shall enter such notices under the grantee indexesof deeds in thenamesof the claimants appearing in suchnotices. Suchnotices shall also be indexed under the description of the real estate involved in a book set apart for that purpose to be known as the “claimant’s book.”

Sec. 16. Sections 558.61, 558.62, and 558.64, Code 2005, are repealed.

Approved April 7, 2006

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CH. 1032CH. 1032

CHAPTER 1032

REGULATION OF WINE PRODUCTION, LABELING, AND DISTRIBUTION

S.F. 2305

AN ACT concerning wine, including the allowable alcohol content of wine and inspection of certain wine permittees.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.3, subsections 5 and 37, Code Supplement 2005, are amended to read as follows: 5. “Alcoholic liquor” or “intoxicating liquor”means the varieties of liquor defined in subsec-

tions 3 and 33 which contain more than five percent of alcohol by weight, beverages made as described in subsection 7which beverages containmore than five percent of alcohol byweight but which are not wine as defined in subsection 37, and every other liquid or solid, patented or not, containing spirits and every beverage obtained by the process described in subsection 37 containing more than seventeen percent alcohol by weight or twenty-one and twenty-five hundredths percent of alcohol by volume, and susceptible of being consumed by a human be- ing, for beverage purposes. Alcohol manufactured in this state for use as fuel pursuant to an experimental distilled spirits plant permit or its equivalent issuedby the federal bureauof alco- hol, tobacco and firearms is not an “alcoholic liquor”. 37. “Wine” means any beverage containing more than five percent1 but not more than sev-

enteen percent of alcohol byweight or twenty-one and twenty-five hundredths percent of alco- hol by volumeobtainedby the fermentation of thenatural sugar contents of fruits or other agri- cultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus.

Sec. 2. Section 123.173, subsection 2, Code 2005, is amended to read as follows: 2. A class “A” wine permit allows the holder to manufacture and sell, or sell at wholesale,

in this state, wine as defined in section 123.3, subsection 37. The holder of a class “A” wine permitmaymanufacture in this statewine having an alcoholic content greater than seventeen

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1 See chapter 1185, §118 herein