Sec. 51.189. APPEAL. (a) A final order with a finding of "Not Vacant Land" under Section 51.188 may not be appealed. The final order is conclusive regarding the land described in the vacancy application or the land investigated by the commissioner as a result of the vacancy application.
(b) A final order finding a vacancy exists is subject to appeal by a necessary party that has standing to appeal under Section 51.192. The district court in the county in which a majority of the vacant land is located has jurisdiction of an appeal under this subchapter. A necessary party must file an appeal not later than the 30th day after the date the commissioner's final order is issued. All necessary parties must be provided notice of an appeal under this section by the party filing the appeal.
(c) A person whose predecessor in title was bound by the outcome of an appeal is bound to the same extent the predecessor in title would be bound if the predecessor in title continued to hold title.
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.
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