Sec. 51.193. APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS. (a) A necessary party may apply for good-faith-claimant status not later than the 90th day after the date the commissioner issues a final order finding that a vacancy exists.
(b) The application must include certified copies of the applicable county records supporting the good-faith claimant's status.
(c) Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant.
(d) A person who is denied good-faith-claimant status may:
(1) request a hearing by the commissioner; or
(2) appeal the denial as part of any appeal of a final order finding that a vacancy exists.
(e) If the commissioner grants a hearing, the commissioner shall:
(1) determine the scope of the hearing;
(2) provide timely notice of the time and place of the hearing to each necessary party; and
(3) provide each necessary party an opportunity to be heard.
(f) A declaration of good-faith-claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land as provided by Section 51.194. The declaration does not confer any other rights.
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