Sec. 51.180. ATTORNEY AD LITEM. (a) If the applicant cannot provide evidence to the commissioner to establish the applicant's ownership of all interests as defined by Section 51.172 in the land surrounding the land claimed to be vacant, the commissioner shall investigate the ownership interests of the land claimed to be vacant and the surrounding land to ensure that all necessary parties have been identified and located.
(b) The investigation must conclude not later than the 60th day after the application commencement date. If the investigation yields any evidence that a necessary party may not have been identified and located, as determined by the commissioner, the commissioner shall, not later than the 30th day after the conclusion of the investigation, appoint an attorney ad litem to identify and locate all necessary parties.
(c) The commissioner shall provide the attorney ad litem with all documents submitted by the applicant and the results of the investigation to identify necessary parties, and the attorney ad litem shall search public land records and other available records to identify and locate necessary parties.
(d) If any necessary party cannot be located, the attorney ad litem shall represent the interests of that necessary party.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 682 (H.B. 1679), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 27, eff. June 19, 2009.
Structure Texas Statutes
Subtitle D - Disposition of the Public Domain
Chapter 51 - Land, Timber, and Surface Resources
Subchapter E. Sale and Lease of Vacancies
Section 51.171. Purpose; Application of Other Law
Section 51.173. Disposition of Vacant Land
Section 51.174. General Powers and Duties of Commissioner
Section 51.175. General Powers and Duties of Board
Section 51.176. Vacancy Application; Filing
Section 51.177. Processing Vacancy Application
Section 51.179. Disposition of Deposits
Section 51.180. Attorney Ad Litem
Section 51.181. Notice to Necessary Parties
Section 51.182. Filing of Exceptions to Application
Section 51.184. Commissioner's Survey
Section 51.185. Surveyor's Report
Section 51.186. Completion of Survey
Section 51.188. Commissioner's Final Order
Section 51.190. Scope of Review
Section 51.191. Issues Reviewable
Section 51.192. Standing to Appeal
Section 51.193. Application for and Determination of Good-Faith-Claimant Status