Terms Used In Iowa Code > Chapter 207 - Coal Mining

• Administrator: means the administrator of the division or a designee. See Iowa Code 207.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Committee: means the state soil conservation and water quality committee established in section 161A. See Iowa Code 207.2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
• Dependent: A person dependent for support upon another.
• Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 207.2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fund: means the abandoned mine reclamation fund established pursuant to this chapter. See Iowa Code 207.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landowner: means a person who holds an interest in land, including a titleholder or tenant. See Iowa Code 169C.1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loss: means the amount of a claim held by a seller or depositor against a grain dealer or warehouse operator which has not been recovered through other legal and equitable remedies including the liquidation of assets. See Iowa Code 203D.1
• Maintenance: means the provision of shelter, food, water, or a nutritional formulation as required pursuant to chapter 717. See Iowa Code 169C.1
• Mine: means an underground mine operation or surface mine operation developed and operated for the purpose of extracting coal. See Iowa Code 207.2
• Operator: means a person engaged in coal mining who removes or intends to remove more than fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in one location. See Iowa Code 207.2
• Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
• Payment: means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller. See Iowa Code 203.8
• Permit: means a permit to conduct surface coal mining and reclamation operations issued by the division. See Iowa Code 207.2
• Permit area: means the area of land indicated on the approved map submitted with the operator's application. See Iowa Code 207.2
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Prime farmland: means the same as prescribed by the United States department of agriculture pursuant to 7 C. See Iowa Code 207.2
• property: includes personal and real property. See Iowa Code 4.1
• Public road: means a thoroughfare and its right-of-way, whether reserved by public ownership or easement, for use by the traveling public. See Iowa Code 169C.1
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• Secretary: means the United States secretary of the interior or a designee. See Iowa Code 207.2
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• State program: means the procedures for regulating coal mining and reclamation operations established by this chapter. See Iowa Code 207.2
• Statute: A law passed by a legislature.
• Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of such operations after the effective date of this chapter. See Iowa Code 207.2
• Surface coal mining operations: means both:
   a. See Iowa Code 207.2
• Testify: Answer questions in court.
• United States: includes all the states. See Iowa Code 4.1