TAC - GLO

Question 1

GLO FORMS

Answer 1

The Surveying Division of the General Land Office will furnish a surveyor with the correct form for Field Notes or Corrected Field Notes in paper and/or electronic format.

Question 2

GLO Deeds of Acquittance UPLANDS - 2

Answer 2

(1) Before corrected field notes of a survey can be approved for the issuance of deed of acquittance under the provisions of Texas Natural Resources Code ?51.246- the surveyor must furnish satisfactory evidence to the Surveying Division of the General Land Office that he or she has located the patented boundaries of the survey. (2) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.

Question 3

GLO Deeds of Acquittance CROSS BY NAV STREAM - 4

Answer 3

(1) If a resurvey reveals excess acreage- and it is determined that the survey crosses a navigable stream- then- under the provisions of Texas Civil Statutes- Article 5414a- commonly referred to as the Small Bill- the owner is entitled to the acreage for which the survey is patented- even though a part or all of the stream bed may be included in this acreage. However- if more than the patented acreage lies outside of the stream bed- the state will hold title to all of the stream bed and the land owner may make application to purchase such excess not included in the stream bed. (2) Under the conditions outlined in paragraph (1) of this subsection- the surveyor must first locate the patented boundaries of the survey- then survey the gradient boundary of both banks of the navigable stream within the survey. The corrected field notes must follow the meanders of the stream excluding the stream bed from the survey. (3) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (4) In surveys where the state retains only a part of the stream bed acreage- the state’s part of the stream bed will be taken from the entire length of the stream bed- using the thread of the stream bed as the center of the state’s acreage.

Question 4

GLO Purchase Excess Acreage - 5

Answer 4

In all cases where the area of a tract of land titled or patented exceeds the quantity called for in the title or patent- then any person owning such survey- or a portion thereof- may- file an application to purchase such excess by complying with the following requirements: (1) Application properly completed and notarized. (2) Questionnaire properly executed and notarized. (3) Corrected field notes by either a licensed state land surveyor or the county surveyor of the county in which the land is located unless corrected field notes are already on file in the General Land Office. If the application covers the purchase of excess in less than the entire original patented survey- then field notes must also be furnished on that portion of the survey covered by the application- along with field notes of the original survey. (4) Appraisal fee. (5) Deed of acquittance fee.

Question 5

GLO Purchase Excess Acreage - Appraisal

Answer 5

Upon payment of the appraisal fee- the land will be appraised by and Land Office appraiser. The appraisal will be based upon current market value

Question 6

GLO Purchase Excess Acreage - Price

Answer 6

After the land is appraised the School Land Board will set a price of 1/2 of appraised market value at which the excess may be purchased.

Question 7

GLO Purchase Excess Acreage - Issue deed of Acquittrance

Answer 7

Upon payment of the purchase price of the land and deed of acquittance fee- the General Land Office will execute a deed of acquittance to the original patentee or his assignee- with such reservation of minerals or with no mineral reservation- accordingly as may have been the case when the survey was titled or patented. Such transfer shall inure distributively to the benefit of the true and lawful owners of the survey in proportion to their holdings.

Question 8

GLO Procedure for Patenting Land - 10

Answer 8

1.21 Request for Issuance of Patent
1.22 Field Notes
1.23 Payment for Land
1.24 Chain of Title
1.25 Issuance of Patent
1.26 Recordation of Patent
1.27 Application for Corrected Patent
1.28 Resurvey
1.29 Patent Fee
1.30 Scrivener’s Error

Question 9

GLO Patenting Land - Request to Issue Patent

Answer 9

Request for issuance of patent shall be made to the General Land Office by the owner of the land or his authorized agent or representative.

Question 10

GLO Patenting Land - Field Notes

Answer 10

Field notes of the area by a licensed state land surveyor or by the county surveyor of the county in which the land is situated- together with a statutory filing fee- shall be filed with the General Land Office

Question 11

GLO Patenting Land - Payment for Land

Answer 11

Payment in full- based upon exact acreage- shall be made- including all principal- accrued interest- late charges- and other fees and expenses. Upon request- a statement will be furnished showing the balance of principal and interest due- as well as the patent fee and patent recording fee.

Question 12

GLO Patenting Land - Chain of Title

Answer 12

A certified copy of each conveyance from the original applicant down to and into the current owner- with a statutory filing fee for each deed filed- or a title opinion reflecting the chain of title and name and address of current owner and a certified copy of the deed into the current owner- with the required filing fee- shall be filed.

Question 13

GLO Patenting Land - Issuance of Patent

Answer 13

A patent will be issued in the name of the last personal transferee indicated by the certified copies of deeds on file in the General Land Office. The rights granted in the patent- if issued in a name other than the current owner- will inure to the benefit of the legal owner of the land covered by the patent.

Question 14

GLO Patenting Land - Recordation of Patent

Answer 14

The executed patent shall be mailed to the county clerk of the county in which the land is situated- together with the recording fee- with instructions to forward the patent- after it has been recorded- to the person remitting the payment for the land or the person designated by the remitter.

Question 15

GLO Patenting Land - Application for Corrected Patent

Answer 15

In cases where a patent has been issued and is afterward found to be in conflict with any older title- a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership from the landowner requesting that the old patent be cancelled and a new one issued. The original patent shall be returned to the land office for cancellation unless it has been lost or destroyed- in which case the affidavit should state the reason why the original patent cannot be returned for cancellation.

Question 16

GLO Patenting Land - Resurvey

Answer 16

A new survey containing the correct description of the area- prepared by a licensed state land surveyor or by the county surveyor of the county in which the land is located- shall be furnished and must be sufficient to satisfy the General Land Office that the conflict actually does exist on the ground and that there is a senior survey which is superior.

Question 17

GLO Patenting Land - Patent Fee

Answer 17

A patent fee and patent recording fee shall be paid in the amount set forth in 3.31 of this title.

Question 18

GLO Patenting Land - Scrivener’s Error

Answer 18

In cases where a scrivener’s error is found in a patent- a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership by the landowner- requesting issuance of a corrected patent. The original patent shall be returned for cancellation or the affidavit must state the reason why it cannot be returned. No patent fee is required; however- a patent recording fee shall be paid in the amount set forth in 3.31 of this title.

Question 19

GLO Patents to Lands Under Law

Answer 19

Any headright survey- homestead- donation- pre-emption- scrip- or other survey heretofore awarded or sold- which survey has been held and claimed in good faith by any party for a period of ten years prior to the date of application for patent and which survey cannot be patented under other existing laws- shall be patented when an affidavit of ownership is filed with the General Land Office- along with a chain of title consisting of certified copies of deeds from the original applicant down to and including the present owner- accompanied by a filing fee of $3.00 for each deed. Payment of the purchase price of the land as fixed by the School Land Board shall be made as provided by Texas Civil Statutes- Article 5421c-3- 4. Corrected field notes may be required to be filed at the discretion of the commissioner of the General Land Office.Lands Not Otherwise Patentable

Question 20

GLO Patents to Lands Under Law Patents to Lands Occupied by Mistake

Answer 20

When it is revealed as a result of a resurvey that an area previously occupied as a part of one survey is actually in an adjoining survey- and if the occupied land is state land which has not been sold- the occupant may purchase the land within six months after discovery of the mistake. An affidavit of ownership and chain of title shall be filed- along with a filing fee of $3.00 for each deed filed. A surveyor’s sketch and report of survey must be filed. The price at which the land may be purchased will be set by the School Land Board as provided in Texas Civil Statutes- Article 5421c-3- 4.

Question 21

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE

Answer 21

(a) These sections are intended to provide orderly and efficient procedures for the General Land Office to determine whether a person applying for patenting to release all or a part of the state’s interest in land- excluding mineral rights- substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code. (b) These procedures shall apply to the initiation- review- and determination of whether a person substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code.

Question 22

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE DEFINITIONS

Answer 22

(1) Appropriate County–The county or counties in which the tract of land claimed by the claimant is located.(2) Board–The School Land Board. (3) Claimant–A person who has filed an application with the General Land Office for a patent under 11.084 of the Natural Resources Code. (4) Chain of Title–Unbroken and successive written conveyances of record- or other written forms of alienation recognized under the laws of the state of Texas as sufficient to convey interests in land- affecting the tract or tracts of land claimed by the claimant- arranged consecutively- from on or before January 1- 1952- down to the present holder. (5) Color of Title–An unbroken chain of transfers of the claimed tract or tracts dating back at least as far as January 1- 1952 (6) Commissioner–The Commissioner of the General Land Office. (7) Deed–A written instrument of conveyance- regular on its face- that conformed to the requirements of Texas Property Code or the laws of the state of Texas at the time of execution and that would have conveyed title- except for title being in the state of Texas. (8) Documents Necessary To Support the Claim– (A) A deed to claimant or claimant’s predecessors in interest recorded in the county or counties in which the claimed tract or tracts is located- (B) all instruments of conveyance or other forms of alienation necessary to prove chain of title- (C) documentation the claimant deems necessary or assistive in explaining the deed or chain of title- and (D) such other documentation as the commissioner shall deem necessary to process the application. (9) Not Patentable Under the law in effect before January 1- 2002–Other than pursuant to the provisions of 11.084 and 11.085 of the Texas Natural Resources Code- claimant has no right to obtain a patent on the tract or tracts in the application. (10) Person–A natural person or persons or an entity or entities that are recognized by- and are in good standing with- the state of Texas at the time of the filing of the application. (11) Unanimously Approves–An approval of all members of the School Land Board- as opposed to approval of all members present and voting. (12) Actual Knowledge–The claimant or claimant’s predecessors in interest possessing knowledge of a fact. Actual knowledge embraces facts which a reasonably diligent inquiry and exercise of the means of information at hand would disclose.

Question 23

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE APPLIATION REQUIREMENTS

Answer 23

(a) A person claiming title to land Under 11.084 of the Natural Resources Code may apply for a patent by filing with the commissioner: (1) an application on the form prescribed by the commissioner; (2) a notarized affidavit on the form prescribed by the Commissioner- which among other things- requires that the claimant swear that the claimant and- to the best of claimant’s knowledge and belief- claimant’s predecessors in interest- acquired the land without actual knowledge that title to the land was vested in the state of Texas; and (3) an attachment to the application which contains documents necessary to support the claim. (b) The attachment to the application shall include: (1) a certified copy of the claimant’s deed- or deed of claimant’s predecessors in interest- recorded in the appropriate county or counties; (2) a certified copy of the claimant’s chain of title that originated on or before January 1- 1952; (3) a copy of any boundary survey or plat of survey- in the applicant’s possession- which covers any of the deeded tract; (4) a sworn certificate from the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located stating that all taxes assessed on the claimed tract or tracts and any interest and penalties associated with any periods of tax delinquency have been paid In the event that public records concerning the tax payments on the claimed tract or tracts are unavailable for any period the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located shall provide the School Land Board with a sworn certificate stating that- to the best of their knowledge: (A) all taxes have been paid; and (B) there are no outstanding taxes nor interest or penalties currently due against the claimed tract or tracts; and (5) such other documentation as the applicant deems necessary or assistive in explaining the deed or chain of title. (c) A $25 non-refundable application fee and the appropriate filing fee for each document filed with the application shall be paid with the filing of the application. (d) The person filing the application for consideration by the School Land Board shall be solely responsible for the completeness of the application.

Question 24

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Limitation on Other Dispositions

Answer 24

Filed applications shall not stay- delay or otherwise act in limitation of the authority of the Board to sell- convey or otherwise dispose of any surveyed- unsold- permanent school fund land under any other statutory authority; provided however- if a completed application is on file with the General Land Office prior to the time of the Board’s final authorization of the sale- conveyance or other disposition of land covered by the application- the General Land Office will not seek the Board’s authority to sell- convey or otherwise dispose of the land for a period of forty-five (45) days following the General Land Office’s determination that the application is complete for consideration by the Board.

Question 25

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE processing of Applications

Answer 25

(a) The General Land Office shall review applications to determine whether the claimant substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code.(b) Except as otherwise provided in 1.93. above- if the General Land Office determines that the application is complete for consideration by the Board- the Commissioner shall convene the Board to determine whether a patent is to be issued under 11.084 of the Natural Resources Code. (c) Applications determined by the General Land Office to not substantially meet the criteria for issuance of a patent may be rejected by the commissioner. (d) Applications which are not complete for consideration by the Board within six (6) months after filing with the commissioner may be rejected by the Commissioner. (e) Rejection of an application by the General Land Office- or the Board’s failure to unanimously approve the tract for patenting- terminates all rights under the application.

Question 26

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Patent Issuing Requirements

Answer 26

(a) If the Board unanimously approves the tract of land for patenting to release all or part of the state’s interest in the land- the patent shall be issued by the General Land Office in accordance with the requirements of the statutory authority and rules and regulations of the General Land Office governing the issuance of patents generally.(b) Patents issued pursuant to 11.084 and 11.085 of the Natural Resources Code shall be issued in the name of the holder of record title of the tract or tracts or to the first titleholder common to multiple claimants. In the event of a multiple claim to the same tract- in which there is no common titleholder- no patent shall issue. (c) Patents issued pursuant to 11.084 and 11.085 of the Natural Resources Code shall exclude mineral rights- with the following to be stated on the patent: PROVIDED HOWEVER- that there is reserved unto the State of Texas for the use and benefit of the Permanent School Fund and excluded from this grant- all oil- gas- coal- lignite- sulfur- and other mineral substances from which sulfur may be derived or produced- salt- potash- uranium- thorium- and all other minerals in and under the land described above wherever located and by whatever method recovered- as well as the right to lease such minerals and the right of ingress and egress to explore for and produce the same.

Question 27

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Nonapplicability

Answer 27

Section 11.084 of the Natural Resource Code does not apply to:(1) beach land- submerged or filled land or islands; or (2) land that has been determined to be state-owned by judicial decree.

Question 28

PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Non-Use

Answer 28

Section 11.084 of the Natural Resource Code may not be used to:(1) resolve boundary disputes; (2) change the mineral reservation in an existing patent; (3) determine the existence of a vacancy; or (4) obtain a deed of acquittance to excess acreage.

Question 29

GLO - CHAPTER 7 - SURVEYING - 8

Answer 29

7.1 Forms 7.2 Coastal Lands 7.3 Deeds of Acquittance 7.4 Corrected Patents 7.5 Dignity of Calls 7.6 Surveyor’s Plats 7.7 Surveyor’s Reports- General 7.8 Working Sketches- General

Question 30

GLO - CHAPTER 7 - SURVEYING - FORMS

Answer 30

The Surveying Division of the General Land Office will furnish a surveyor with the correct form for Field Notes or Corrected Field Notes in paper and/or electronic format.

Question 31

GLO - CHAPTER 7 - SURVEYING - COASTAL LANDS

Answer 31

(a) The following words and terms- when used in this section- shall have the following meanings- unless the context clearly indicates otherwise. (1) Buildup–Dry land that is created as a result of man-made or unnatural structures or events. (2) Coastal Boundary Survey–A survey conducted to locate a littoral boundary. (3) Fill–Material placed on submerged land or in the waters covering submerged land where the material has the effect of: (A) replacing any portion of submerged land with dry land; or (B) changing the bottom elevation of any submerged land. Examples of fill include- but are not limited to: dredge material- rock- sand- soil- clay- shells- plastics- construction debris- wood chips- overburden from mining or other excavation activities- and materials used to create any structure or infrastructure on submerged land or in the waters covering submerged land. (4) Littoral boundary–The boundary between state-owned submerged land and privately-owned littoral property. (5) Littoral property–Dry land bordering on or contiguous to submerged land. (6) Natural (original) littoral boundary–The location of the natural shoreline as it existed prior to the placement of fill or buildup. (7) Submerged Land–Any land lying below mean high water or mean higher high water- as applicable- and within the tidewater limits- including any buildup or fill on such land. (b) Coastal boundary surveys must satisfy the following conditions: (1) The survey work must be done by or under the direct control and supervision of a licensed state land surveyor or the county surveyor of the county in which the land is located- and the surveyor shall certify: (A) that the survey is correct and in accordance with Texas Natural Resources Code 21.042; and (B) that the survey work was done by or under the surveyor’s direct control and supervision. (2) A surveyor- before performing a coastal boundary survey- shall discuss with the Surveying Division of the General Land Office as to the appropriate surveying method to be used to determine the littoral boundary. The surveyor should submit to the Surveying Division of the General Land Office relevant facts regarding the elevation of mean high water- mean higher high water- and/or other information that may be necessary to the determination of the littoral boundary. (3) The surveyor must certify on the survey plat and report that he or she has located the littoral boundary in accordance with methodology for the project approved by the Surveying Division of the General Land Office and that to the best of the surveyor’s knowledge no fill or buildup is located within the area surveyed. The plat must indicate the name and address of the adjacent littoral property owner or owners whose property is affected by the coastal boundary survey. (4) Where the littoral boundary is located along a contour line- the beginning and ending points on the contour line must be established with X and Y coordinates utilizing the Texas Coordinate System of 1927 or 1983. Each end of the contour line must reference an N.G.S. Station. (5) In cases where fill or buildup exists- the surveyor must locate and survey both the natural (original) littoral boundary and the boundary of the area of fill or buildup. Prior to surveying the natural (original) littoral boundary of the property- the surveyor must obtain approval from the Surveying Division of the General Land Office as to the method to be used to locate the natural (original) littoral boundary. The surveyor must submit a separate report to the Surveying Division of the General Land Office describing in detail the nature and source of the fill or buildup- and certifying that he or she has relocated the natural (original) littoral boundary in accordance with the methodology approved by the Surveying Division of the General Land Office. The surveyor must also submit a separate field note description and survey plat of the area of fill or buildup. (6) The surveyor must determine to the best of his or her knowledge whether or not any retaining walls or other structural modifications have been placed on or along the littoral boundary. Any such modifications identified by the surveyor shall be reflected on the survey plat. (c) In addition to the requirements of subsection (b) of this section- a coastal boundary survey conducted pursuant to Texas Natural Resources Code 33.136- relating to an erosion response activity must meet the following criteria: (1) The survey plat must briefly describe the nature of the erosion response activity. The description must reference a General Land Office file number for a General Land Office lease or other instrument authorizing the placement of a structure on coastal public land; a project number of an erosion response project conducted pursuant to Texas Natural Resources Code 33.603; or a General Land Office file number for a dune protection permit or beachfront construction certificate subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code 33.2053(i); (2) The survey plat must contain the statement required by Texas Natural Resources Code 33.136(b); (3) A preliminary version of the survey plat must be submitted to the Surveying Division of the General Land Office for review- prior to finalizing the survey report; and (4) Upon approval of the survey plat by the Surveying Division of the General Land Office- a final- signed and sealed survey plat must be filed in the county surveyor’s office (or county clerk’s office if there is no county surveyor) in the county in which the land is located- then submitted to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (d) A survey that does not include all information and certifications required under this section and Texas Natural Resources Code 33.136 shall be deemed administratively incomplete. The Surveying Division of the General Land Office shall inform the surveyor in writing of the information required to complete the survey. If the survey remains administratively incomplete and inactive ninety (90) days from the date such notification was sent to the surveyor- the General Land Office may return all submitted materials to the surveyor without approval. (e) Upon approval of a coastal boundary survey conducted pursuant to Texas Natural Resources Code 33.136- relating to an erosion response activity- the Surveying Division of the General Land Office shall inform the surveyor of the approval in writing. The General Land Office shall also provide notice of approval within 30 days after approval by: (1) publication in the Texas Register; and (2) publication for two consecutive weeks in a newspaper of general circulation in the county or counties in which the land depicted in the survey is located- provided that publications costs must be paid directly to the newspaper by the littoral property owner or his or her representative or the erosion response project sponsor- as applicable; and (3) filing a copy of the approval in Archives and Records Division of the General Land Office. (f) A coastal boundary survey conducted pursuant to this section is required for an erosion response activity that is subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code 33.2053(a) or (i)(3). For the purposes of this section- it is presumed that a dune restoration activity below the threshold listed in Texas Natural Resources Code 33.2053(i)(3) will not cause or contribute to shoreline alteration and therefore does not require a coastal boundary survey.

Question 32

GLO - CHAPTER 7 - SURVEYING - DEEDS OF ACQUITTANCE

Answer 32

(a) Field note filing for a deed of acquittance for uplands: (1) Before corrected field notes of a survey can be approved for the issuance of deed of acquittance under the provisions of Texas Natural Resources Code 51.246- the surveyor must furnish satisfactory evidence to the Surveying Division of the General Land Office that he or she has located the patented boundaries of the survey. (2) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (b) Field note filing for a deed of acquittance when the survey is crossed by a navigable stream: (1) If a resurvey reveals excess acreage- and it is determined that the survey crosses a navigable stream- then- under the provisions of Texas Civil Statutes- Article 5414a- commonly referred to as the Small Bill- the owner is entitled to the acreage for which the survey is patented- even though a part or all of the stream bed may be included in this acreage. However- if more than the patented acreage lies outside of the stream bed- the state will hold title to all of the stream bed and the land owner may make application to purchase such excess not included in the stream bed. (2) Under the conditions outlined in paragraph (1) of this subsection- the surveyor must first locate the patented boundaries of the survey- then survey the gradient boundary of both banks of the navigable stream within the survey. The corrected field notes must follow the meanders of the stream excluding the stream bed from the survey. (3) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (4) In surveys where the state retains only a part of the stream bed acreage- the state’s part of the stream bed will be taken from the entire length of the stream bed- using the thread of the stream bed as the center of the state’s acreage.

Question 33

GLO - CHAPTER 7 - SURVEYING - CORRECTED PATENTS

Answer 33

Except for correcting a scrivener’s error- corrected patents will not be issued unless the following conditions are satisfied: (1) Sufficient surveying must be performed on the ground in order to identify the original boundaries of the subject survey and the survey or surveys with which it conflicts. (2) The survey work must be done by or under the direct control and supervision of a licensed state land surveyor or the county surveyor of the county in which the land is located- and the surveyor shall certify: (A) that the survey is correct and in accordance with Texas Natural Resources Code 21.042; and (B) that the survey work was done by or under the surveyor’s direct control and supervision. (3) The corrected field notes shall describe the area actually clear of conflict with any senior surveys. (4) The surveyor must submit a plat- corrected field notes and the surveyor’s report with the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.

Question 34

GLO - CHAPTER 7 - SURVEYING - DIGNITY OF CALLS

Answer 34

The order of dignity of calls in a survey is as follows: (1) Natural objects (rivers- etc.). (2) Artificial objects (marked trees- stone mounds- adjoinder calls- etc.). (3) Courses (bearings). (4) Distances. (5) Acreage.

Question 35

GLO - CHAPTER 7 - SURVEYING - SURVEYORS PLATS

Answer 35

(a) A surveyor must submit plats with: (1) all field notes furnished in connection with vacancy filings or with applications to purchase excess acreage; (2) with other field notes if the sketch does not appear on the face of the field notes; and (3) when multiple surveys are involved and it is necessary to file a report to explain the survey. (b) The plat must: (1) have a suitable heading and legend; (2) give the date(s) of the survey; and (3) show the surveyor’s certificate with signature and with seal affixed. (c) All plats are to be the original and should be made in ink on mylar or the equivalent. A copy of the plat shall be filed in the county surveyor’s records of each county affected- with the original being sent to the General Land Office bearing the required recording certificate showing the filing in the county records. In the event an affected county has no county surveyor- a copy of the survey shall be filed in the county clerk’s records of that county.

Question 36

GLO - CHAPTER 7 - SURVEYING - SURVEYORS REPORTS GENERAL

Answer 36

(a) A written surveyor’s report is required for all surveys made in connection with vacancy filings and for surveys made in connection with applications to purchase excess acreage. (b) The commissioner may also require surveyor’s reports in connection with any survey to be filed in the General Land Office where it is considered necessary to clarify the surveyor’s plat or field notes. (c) The surveyor’s report must be written in such a manner so that the construction of the surveys covered in the report can be fully comprehended by any one familiar with the statutes and/or case law pertaining to the construction of surveys. (d) In general- the surveyor’s report will consist of the following: (1) History of the surveys involved. (2) Explanation of the actual survey on the ground with descriptions of corners- marked lines- natural objects- etc.- located in the survey. The description of corners should be related to the accompanying plat. (3) Analysis of the survey. The surveyor should explain his or her construction of the surveys on his or her plat- based upon the history of the area and his or her findings on the ground- applying the statutes and/or case law pertaining to surveying. (4) A summary. (5) The report shall be dated and signed- with the appropriate seal affixed.

Question 37

GLO - CHAPTER 7 - SURVEYING - WORKING SKETCHES GENERAL

Answer 37

(a) Definition. Working sketches are plats of original surveys showing the field notes that are on file in the General Land Office. The field notes are shown by platting course and distance and- by symbol and/or writing- showing the other calls in the field notes. Generally- unless otherwise requested- the working sketches are made by using the patented field notes or the deed of acquittance field notes. (b) Cost. The cost of preparing such sketches is based on an hourly rate as set by the legislature.

Question 38

GLO - CHAPTER 13 - VACANCIES -13.32 GENERAL PROVISIONS

Answer 38

(a) This subchapter applies to applications to purchase or lease vacant land filed on or after June 18- 2009. This subchapter implements Texas Natural Resources Code 51.171 - 51.195- Acts 2005- 79th Legislature- Chapter 974 (2005)- as amended in Acts 2009- 81st Legislature- Chapter 1175 (2009). (b) Texas Natural Resources Code 51.171 - 51.192 and the related regulations at Subchapter F- 13.71 - 13.83 of this chapter (relating to Vacancy Process)- continue to apply to applications pending before the General Land Office and actions arising out of vacancy applications pending in the courts of the State of Texas on or before June 18- 2009. (c) To the extent permitted by statute and upon written request of a party- the commissioner may grant an extension of time to comply with a requirement of this subchapter or of Subchapter E of Chapter 51 of the Texas Natural Resources Code- relating to Sale or Lease of Vacancies. (d) The commissioner may waive any time limitation set forth in this subchapter or Subchapter E of Chapter 51 of the Texas Natural Resources Code- relating to Sale or Lease of Vacancies- but only to the extent that the waiver does not materially prejudice the rights of a necessary party.

Question 39

GLO - CHAPTER 13 - VACANCIES -13.33 DEFINITIONS

Answer 39

The following terms- when used in this subchapter- mean the following unless the context clearly indicates otherwise. (1) Applicant means any person- including a good-faith claimant- who files a vacancy application. (2) Application commencement date means the date determined by the commissioner following the agency’s determination that the application is administratively complete- which generally will be not later than thirty days following the date of the letter determining that the application is administratively complete. (3) Agency means the General Land Office. (4) Board means the School Land Board. (5) Chief surveyor means the chief surveyor of the General Land Office. (6) Commissioner means the commissioner of the General Land Office. (7) Cost deposit means an advance payment required to be made by the applicant to cover the anticipated costs of a vacancy proceeding. (8) Eligible surveyor means a duly elected county surveyor in a county that has an elected county surveyor or a licensed state land surveyor as defined in 1071.002(5) of the Texas Occupations Code. (9) Exception means an objection or protest. (10) Exceptor means the necessary party filing an exception to a survey or vacancy application. (11) Good-faith claimant means a person who- on the application commencement date: (A) occupies or uses or has previously occupied or used- or whose predecessors in interest in the land alleged to be vacant have occupied or used- the land or any interest in the land for any purposes- including occupying or using: (i) the surface or mineral estate for any purposes- including exploring for or removing oil- gas- sulphur- or other minerals and geothermal resources from the land; (ii) an easement or right-of-way; or (iii) a mineral royalty or leasehold interest; (B) has had- or whose predecessors in interest have had- the land alleged to be vacant enclosed or within definite boundaries recognized in the community and in possession under a chain of title for a period of at least ten (10) years with a good-faith belief that the land was included within the boundaries of a survey or surveys that were previously titled- awarded- or sold under circumstances that would have vested title in the land if the land were actually located within the boundaries of the survey or surveys; (C) is the owner of land: (i) that adjoins the land alleged to be vacant; and (ii) for which no vacancy application has been previously filed; or (D) holds title under a person described by subparagraph (A)- (B)- or (C) of this paragraph or is entitled to a distributive share of a title acquired under an application filed by a person described by subparagraph (A)- (B)- or (C) of this paragraph. (12) Interest means any right or title in or to real property- including a surface- subsurface- or mineral estate. (13) Lease vacant land means to obtain a mineral lease for the mineral estate appurtenant to the vacancy or any portion thereof. (14) Mineral estate means an estate in or ownership of all or part of the minerals underlying a specified tract of land- and a right of entry and use to obtain the minerals. (15) Necessary party means: (A) an applicant or good-faith claimant whose present legal interest in the surface or mineral estate of the land alleged to be vacant may be adversely affected by a vacancy determination; (B) a person who asserts a right to or who claims an interest in land alleged to be vacant; (C) a person who asserts a right to or who claims an interest in land adjoining land alleged to be vacant as shown in the records of the agency or the county records- including tax records- of any county in which all or part of the land alleged to be vacant is located; (D) a person whose name appears in the records described by subparagraph (C) of this paragraph; (E) an attorney ad litem appointed under 13.41 of this title (relating to Processing Vacancy: Attorney Ad Litem); or (F) only for purposes of notifications required to be sent to necessary parties under this subchapter- any surveyor involved in the vacancy application and any party who has notified the agency in writing that he or she is representing the interests of a necessary party. (16) Permanent interest means an interest established under any existing instrument or document that is not limited to a finite time period. (17) Permanent School Fund land means lands dedicated to fund public schools by Article VII- Sections 5(a) and (c) of the Texas Constitution. (18) Surface estate means an estate in or ownership of the surface of a particular tract of land. (19) Survey report means a written report of a survey conducted by a licensed state land surveyor or a county surveyor of the county in which a majority of the land alleged to be vacant is located. (20) Unsurveyed means land that was never surveyed out of the sovereign lands of the state and- for purposes of this subchapter- such land remains unsurveyed until the vacancy process has concluded- and the land is recorded in the records of the General Land Office as Permanent School Fund land. (21) Vacancy means an area of unsurveyed public school land that: (A) is not in conflict on the ground with land previously titled- awarded- or sold; (B) has not been listed on the records of the land office as public school land; and (C) was not- on the application commencement date: (i) subject to an earlier subsisting application; (ii) subject to a vacancy application denied with prejudice; (iii) the subject of pending litigation relating to state ownership or possession of the land; or (iv) subject to a previous vacancy application that has been finally adjudicated by the commissioner or a court of this state or the United States. (22) Vacancy application means a form submitted to the commissioner by an applicant to: (A) initiate a determination by the commissioner whether land alleged to be vacant is vacant; and (B) acquire an interest in vacant land under the provisions of this subchapter and Subchapter E of Chapter 51 of the Texas Natural Resources Code and under the terms and conditions set by the SLB. (23) Vacant land means the surface- subsurface or mineral estate- or any combination of the surface- subsurface and mineral estates- of land determined to be a vacancy- or any portion thereof.

Question 40

GLO - CHAPTER 13 - VACANCIES -13.34 VAC APP REQUIREMENTS

Answer 40

(a) An applicant seeking a vacancy determination should file a vacancy application on the form prescribed by the commissioner- which may be obtained as follows: (1) by request in a letter addressed to the Vacancy Administrator- Texas General Land Office- Legal Services Division- P.O. Box 12873 (physical address 1700 N. Congress Avenue 78701)- Austin- Texas 78711-2873; or (2) on the agency’s website at www.glo.texas.gov. (b) A completed application must include the following: (1) A description of the land alleged to be vacant that is sufficient to locate the land on the ground. (2) A written statement indicating the interest or interests in the land alleged to be vacant that the applicant seeks to purchase or lease. (3) Evidence that a vacancy exists in the form of: (A) a survey report- including: (i) the field notes describing the land and the lines and corners surveyed; and (ii) a plat depicting the results of the survey; or (B) an abstract of title to each parcel of land that adjoins the land alleged to be vacant. (4) A list- in a format prescribed by the commissioner- containing the name- last known mailing address- telephone number- and e-mail address (if available) of each necessary party. (5) An affidavit executed by the applicant affirming that the applicant conducted a diligent search of local land and property tax records in formulating the list of necessary parties described in paragraph (4) of this subsection. (c) To facilitate the identification of necessary parties- an applicant who also seeks status as a good-faith claimant should file the good-faith claimant affidavit and supporting documentation with the land office prior to the determination that the application is administratively complete. (d) If the applicant wishes to request that the commissioner appoint a surveyor for the vacancy application- the request must be included with the application.

Question 41

GLO - CHAPTER 13 - VACANCIES -13.35 FILING IN COUNTY LAND RECORDS

Answer 41

(a) The applicant must file the original and a duplicate copy of the vacancy application with the county clerk of each county in which all or part of the land alleged to be vacant is located. (b) The county clerk shall mark the exact date and hour of filing on the original and a duplicate copy of the vacancy application and shall return a marked copy to the person filing the application. The original shall be recorded in a book kept for that purpose separate from the deed or real property records. The failure to record a vacancy application as provided by this subsection does not affect the validity of the application filing. (c) Not later than the fifth day after the date an applicant files the vacancy application with the county clerk- the applicant shall file a duplicate copy of the marked copy received from the county clerk with the county surveyor of each county in which all or part of the land alleged to be vacant is located if that county has a county surveyor. (d) Priority among vacancy applications covering the same land alleged to be vacant is determined by the earliest time of filing indicated by the date and hour marked on the application by the county clerk.

Question 42

GLO - CHAPTER 13 - VACANCIES -13.36 FILING IN LAND OFFICE

Answer 42

(a) The applicant shall submit to the commissioner two duplicate copies of the marked copy that has been file-stamped by the county clerk not later than the 30th day after the date the vacancy application is filed with the county clerk. The commissioner shall mark the date on which the two duplicate copies are received on each copy- assign a file number to the vacancy application- and return a marked duplicate copy containing the file number to the applicant.(b) The applicant shall include the applicable filing fees for the documents submitted as set forth in 3.31(b) of this title (relating to Fees). The fees for a properly filed application are non-refundable.

Question 43

GLO - CHAPTER 13 - VACANCIES -13.37 PROPERLY FILED

Answer 43

(a) When a vacancy application is received by the agency- the chief surveyor will determine whether the application was properly filed under 13.34 of this title (relating to Vacancy Application: Requirements).(b) The date of the chief surveyor’s determination that the application is properly filed is the filing date for the vacancy application- and the filing date shall be noted on the application. (c) The commissioner may reject an application: (1) if an application is deemed not properly filed; or (2) if the agency files contain a previous determination that the land described in the application is not vacant. (d) If the commissioner rejects an application under subsection (c) of this section- the agency will inform the applicant in writing that the file has been rejected and the reasons for the rejection. (1) A file rejected under subsection (c)(1) of this section shall be endorsed dismissed without prejudice. (2) A file rejected under subsection (c)(2) of this section shall be endorsed dismissed with prejudice. (e) Termination of an application means that no substantive determination was made on the vacancy application. When an application is terminated- the file will be endorsed with dismissed without prejudice and a statement of the reason for termination. The agency may terminate an application: (1) when the applicant refuses or fails to make a required cost deposit; or (2) when the applicant refuses or fails to perform any other act required by the agency under this subchapter.

Question 44

GLO - CHAPTER 13 - VACANCIES -13.38 ADMIN COMPLETELNESS

Answer 44

(a) The properly filed vacancy application will be deemed administratively complete when the agency determines that the applicant has submitted all the necessary documents in the proper form to support a claim of vacancy. (b) Within forty-five (45) days after the date that the application is deemed properly filed- the agency will inform the applicant in writing of any deficiencies in the application. (c) The applicant shall have a reasonable period of time to resolve the deficiencies- not to exceed thirty (30) days. If the applicant fails to resolve the deficiencies in the application- the agency shall reject the application without prejudice- and will so inform the applicant in writing. If the application is rejected- the file will be endorsed with dismissed without prejudice- and a statement of the reason for rejection.

Question 45

GLO - CHAPTER 13 - VACANCIES -13.39 COST DEPOSIT

Answer 45

(a) A cost deposit from the applicant is required for the agency to evaluate and investigate the vacancy application. Any required deposit shall be used only for the agency’s administrative costs- the expenses of a survey (if the commissioner appoints a surveyor)- and other investigative and related costs- including attorney ad litem fees- the cost of hearings- and recording fees. The minimum initial cost deposit for a vacancy application is usually not less than $3-000.00- and is significantly higher if the commissioner will appoint the surveyor. (b) From time to time- the agency may require the applicant to pay a supplemental cost deposit to cover anticipated expenses related to the vacancy application. The agency will send a written request for a supplemental cost deposit to the applicant. (c) The applicant shall submit cost deposit funds to the agency in cash (including cashier checks- certified checks- money orders or electronic funds transfer). The agency will inform the applicant in writing of the procedures for submitting payment. For purposes of this subchapter- the deposit date shall be the date of tender. (d) The applicant must submit the required cost deposits no later than the date set forth in the agency’s written notice that a cost deposit is due. If the applicant fails to timely submit the initial deposit or within the time period set forth in the notice for a supplemental cost deposit- the agency may terminate the application without prejudice- and shall so notify the applicant in writing. (e) At the conclusion of the vacancy proceeding- the agency will provide a written statement to the applicant of all deposits and expenditures from the cost deposits paid by the applicant. Such a statement may be issued to the applicant during the proceeding upon written request. (f) The unexpended balance of the cost deposit will be refunded to the applicant at conclusion of the vacancy process.

Question 46

GLO - CHAPTER 13 - VACANCIES -13.40 NOTICE TO NECESSARY PARTIES

Answer 46

(a) Not later than thirty days following the application commencement date- the agency shall send a written notice of vacancy application to all necessary parties by regular mail and by certified mail- return receipt requested. The notice shall include the following documents: (1) a copy of the vacancy application- including the survey report- plat and field notes- if included in the application; (2) a form requesting future notices from the agency concerning the vacancy application described in subsection (b) of this section- which should be signed by the necessary party and returned to the agency; and (3) a summary explanation of the vacancy process- including the right of a necessary party to file an exception to the survey or to the application. (b) The agency shall provide each necessary party with an opportunity to receive all future notices throughout the vacancy proceeding. The agency shall provide a notice with the initial notice under subsection (a) of this section- or separately- that clearly advises the necessary parties that future notices will not be provided unless specifically requested. If future notices are requested- the agency shall provide such future notices by mail- facsimile or as otherwise reasonably requested by a necessary party. No party involved in the vacancy process may use or assist any other person in using the names- addresses- telephone numbers- e-mail addresses or other information about the necessary parties for personal gain. (c) If the attorney ad litem notifies the agency that any additional necessary parties have been identified- the agency shall send a written notice to each additional necessary party in the manner described in subsection (a) of this section.

Question 47

GLO - CHAPTER 13 - VACANCIES -13.41 ATTNY A DISTANCE OF LITEM

Answer 47

(a) If- based on all the documents submitted- the applicant’s list of necessary parties appears to be incomplete- the agency will conduct an investigation of the ownership interests in the alleged vacant land and in the land surrounding the alleged vacant land to ensure that all necessary parties have been identified and located. The investigation shall be completed within sixty (60) days of the application commencement date.(b) If the agency concludes from its investigation that the applicant has not identified and located all necessary parties- the commissioner will appoint an attorney ad litem within thirty (30) days of the conclusion of the investigation. (c) The agency shall provide the attorney ad litem with all documents submitted by the applicant and the results of the investigation described in subsection (a) of this section. (d) The attorney ad litem shall search public records and other available records to identify and locate necessary parties. (e) At the conclusion of his or her search- the attorney ad litem shall promptly provide the following documents to the agency: (1) If no additional necessary parties were identified- a declaration that no additional necessary parties were identified. (2) If additional necessary parties were identified- the name- last known address- and e-mail address (if known) for each additional necessary party and a brief description of the nature of the interest of each additional necessary party. (3) An affidavit attesting to the attorney ad litem’s determination- including a description of the search conducted- the records consulted- the time spent on the search- and the attorney ad litem’s determination regarding the identification of additional necessary parties. (f) At the agency’s request- the attorney ad litem may perform related services- such as searching for the location of an identified necessary party whom the agency deems unlocated. (g) If the attorney ad litem certifies to the agency that he or she believes that the interests of other necessary parties should be represented at a hearing- the agency shall request the attorney ad litem to represent the interests of such necessary party or parties until the commissioner issues an order finding no vacancy or finding that a vacancy exists. (h) The attorney ad litem is entitled to reasonable compensation for services. The reasonable fees for services and costs incurred by the attorney ad litem shall be paid by the agency from the applicant’s cost deposit.

Question 48

GLO - CHAPTER 13 - VACANCIES -13.42 NECESSARY PARTY ID BUT NOT LOCATED

Answer 48

(a) If the agency sends a notice to a necessary party and the notice is returned- the agency shall make reasonable efforts to locate the necessary party. If the reasonable efforts do not locate the necessary party- the agency- in its sole discretion- may request that the attorney ad litem make additional reasonable efforts to locate such necessary party.(b) If the agency or the attorney ad litem cannot locate an identified necessary party- the agency shall publish notice in a newspaper of general circulation in the county and general area where the land alleged to be vacant is located. The notice shall be published once a week for three consecutive weeks. The notice shall: (1) describe the alleged vacant land as it is described in the application and state whether a survey was filed with the application; if a survey was filed- the notice shall also advise necessary parties of their right to receive a copy of the survey and to file exceptions to the application or the survey; (2) advise the public that the agency has accepted the application and contact information for agency staff handling the vacancy application; (3) include applicant’s full name and address; (4) advise necessary parties not otherwise notified to contact agency for copies of the application- survey and other related existing documents; and (5) advise necessary parties that no further notices will be provided unless a request for same is made to the agency. (c) The agency shall request the attorney ad litem to represent the interest of any identified- unlocated necessary party.

Question 49

GLO - CHAPTER 13 - VACANCIES -13.43 Necessary Party Exceptions to Survey or Vacancy Application

Answer 49

(a) A necessary party may file an exception or exceptions to the survey or to the vacancy application within sixty (60) days of the date of the notice of vacancy application from the agency- or within thirty (30) days of the date of notice of an appointed surveyor’s report under 13.47 of this title (relating to Appointed Surveyor’s Report). The exceptor must send a copy of the exception to each necessary party that requested continuation of notices by regular mail and by certified mail- return receipt requested.(b) The agency shall provide a written list of all necessary parties to the vacancy application and their contact information to any necessary party upon written request. (c) An exception will be accepted for filing if it includes the following documentation: (1) the GLO file number- the name of the applicant- and the name of the county stated in the vacancy application; (2) a statement of the legal and factual basis for each exception; and (3) a statement certifying that a copy of the exception or exceptions has been sent by regular mail and by certified mail- return receipt requested- to each necessary party to the vacancy. (d) Exceptions shall clearly identify the corner- course- distance or other relevant factor that is being challenged. The exceptions shall also reference the legal or other expert authorities relied upon to support the challenges to the survey. (e) The failure of a party to file exceptions to a survey will not be considered as agreement with or acquiescence in any survey purporting to show the existence of a vacancy. The commissioner will not consider the failure to file exceptions when deciding whether a vacancy exists. (f) If additional necessary parties are identified after the exceptor has sent copies of the exception or exceptions to the then-identified necessary parties- the agency shall include a copy of the exception in its notice of vacancy application to each additional necessary party.

Question 50

GLO - CHAPTER 13 - VACANCIES -13.44 Investigation of Vacancy Application

Answer 50

(a) The commissioner shall conduct an investigation of the vacancy application. (b) The investigation shall include- but is not limited to: (1) an evaluation of the vacancy application; (2) a determination that the vacancy application was properly filed and administratively complete; and (3) a review of public records at the general land office relating to the land alleged to be vacant. (c) The investigation may include a review of: (1) any survey conducted by a licensed state land surveyor or by the county surveyor of a county in which all or part of the land alleged to be vacant is located; or (2) any documents or public records necessary to determine whether a vacancy exists. (d) An investigation may include a survey requested by the commissioner or a surveyor’s report prepared by a surveyor appointed by the commissioner. (e) The commissioner shall record the names of the persons consulted- the documents and surveys reviewed- and the relevant law and other materials used in the investigation.

Question 51

GLO - CHAPTER 13 - VACANCIES -13.45 Commissioner’s Survey

Answer 51

(a) To investigate a vacancy application- the commissioner may require a survey. If the commissioner requires a survey- the commissioner shall appoint a licensed state land surveyor who is not associated with the vacancy application to prepare a report. The commissioner may limit the scope of the work performed by the surveyor. (b) A necessary party may observe a survey conducted under this section. A survey will not be delayed to accommodate a necessary party who provides notice to the commissioner that the party intends to observe the surveyor conducting the survey. (c) The commissioner shall send a notice of intention to survey to each necessary party by regular mail and by certified mail- return receipt requested- not later than the 30th day before the date the surveyor begins work. The notice must contain: (1) the proposed starting date of the survey; (2) the name- address- and telephone number of the surveyor; and (3) a statement informing the necessary party that any necessary party may observe the field work of the surveyor conducting the survey.

Question 52

GLO - CHAPTER 13 - VACANCIES -13.46 Surveyor Appointed Upon Request of Applicant

Answer 52

(a) An applicant may request that the commissioner appoint a surveyor to perform the survey required for a vacancy determination. Such request must be made in writing in the vacancy application.(b) The applicant must bear the cost of the performance of the requested survey by a surveyor appointed by the commissioner. Therefore- upon the commissioner’s decision to grant the request for appointment of a surveyor- the agency shall request a cost deposit from the applicant to cover the projected cost of the survey. If the cost deposit payment is not received by the agency within thirty (30) days of the date of the notice of cost deposit from the agency described in 13.39(d) of this title (relating to Vacancy Application: Cost Deposit)- the application may be dismissed without prejudice. (c) The commissioner is under no obligation to appoint a surveyor upon request- but- in the commissioner’s sole discretion- he or she may appoint a licensed state land surveyor in the manner described in 13.45 of this title (relating to Commissioner’s Survey)

Question 53

GLO - CHAPTER 13 - VACANCIES -13.47 Appointed Surveyor’s Report

Answer 53

(a) Not later than the 120th day after the date a surveyor is appointed under 13.45 or 13.46 of this title (relating to Commissioner’s Survey or Surveyor Appointed Upon Request of Applicant)- the surveyor shall file a written report of the survey- the field notes describing the land and the lines and corners surveyed- a plat depicting the results of the survey- and any other information required by the commissioner. The commissioner may extend the time for filing the report as reasonably necessary. (b) The survey report must also contain: (1) the name and last known mailing address of: (A) each person who has possession of the land described in the vacancy application; and (B) each person determined by the surveyor to have an interest in the land; and (2) all abstract numbers associated with surveys of land adjoining the land alleged to be vacant.

Question 54

GLO - CHAPTER 13 - VACANCIES -13.48 Completion of Survey by Appointed Surveyor

Answer 54

(a) The commissioner shall serve a true copy of the survey report filed by the surveyor appointed under 13.45 or 13.46 of this title (relating to Commissioner’s Survey or Surveyor Appointed Upon Request of Applicant) on each necessary party- including those named in the survey report- by certified mail- return receipt requested- not later than the 30th business day after the date the survey report is filed with the land office. (b) Any necessary party may file exceptions to the appointed surveyor’s report under 13.43 of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application).

Question 55

GLO - CHAPTER 13 - VACANCIES -13.49 Removal of an Appointed Surveyor

Answer 55

(a) An appointed surveyor may be removed upon motion of the commissioner or of any necessary party.(b) Petition for removal. (1) Any necessary party may petition the commissioner for the removal of an appointed surveyor because of bias- prejudice- or conflict of interest. (2) Any person petitioning the commissioner for removal of an appointed surveyor shall pay all actual costs- but not less than $250.00- for processing the petition for removal including- but not limited to- the cost of the hearing- mailing- copying and staff time and expenses. (3) The petition must be post marked no later than thirty days after the date of the notice of intention to survey described in 13.45(c) of this title (relating to Commissioner’s Survey). (4) An action for removal of an appointed surveyor shall be conducted under the contested-case hearing rules under Chapter 2 of this title (relating to Rules of Practice and Procedure). (5) The movant for removal of an appointed surveyor must send a copy of the petition for removal and all exhibits thereto to each necessary party by regular mail and by certified mail- return receipt requested. (c) Grounds for removal for bias- prejudice- or conflict of interest (1) The following actions constitute bias or prejudice for purposes of removal: (A) Communicating to another person orally or in writing a personal animus against a necessary party or against a necessary party’s position in the vacancy proceeding. (B) Communicating to another person orally or in writing a personal preference for a necessary party or for a necessary party’s position in the vacancy proceeding. (2) The following actions constitute conflicts of interest for purposes of removal: (A) acceptance or solicitation of any gift- favor- or service that might reasonably tend to influence the appointed surveyor in the performance of the survey- or that the surveyor knows or should know is being offered with the intent to influence the surveyor’s conduct; (B) intentionally or knowingly soliciting- accepting- or agreeing to accept any benefit- other than payment for services by the commissioner- for performing the survey in a manner that favors any necessary party; (C) accepting other work that could reasonably be expected to impair the surveyor’s independence of judgment in the performance of the survey; (D) making personal investments- or have a personal or financial interest- that could reasonably be expected to create a substantial conflict between the surveyor’s private interest and the interest of the commissioner or any necessary party; (E) having a relative within the second degree of consanguinity or affinity or a co-owner or partner in a business enterprise who makes personal investments- or has a personal or financial interest that could reasonably be expected to create a substantial conflict of interest between the relative’s or business associate’s private interest and the interest of the commissioner or any necessary party; or (F) having a relative within the second degree of consanguinity or affinity of the applicant- the commissioner- or an employee of the agency who actively participates in vacancy determinations. (d) No final order of the commissioner removing or denying removal of a surveyor shall be reconsidered unless the commissioner finds that relevant facts that could not have been discovered timely through due diligence compel reconsideration to avoid gross injustice. The commissioner’s decision regarding the removal of a surveyor is not a final administrative order and is not subject to appeal. (e) The fact that a petition for removal of a surveyor has been filed or the removal of a surveyor under this section shall not be a basis for disciplinary action against that surveyor under Texas Occupations Code- Title 6- Chapter 1071. (f) The commissioner on his or her own motion may remove a surveyor for bias- prejudice- or conflict of interest only in accordance with this section.

Question 56

GLO - CHAPTER 13 - VACANCIES -13.50 Finding of Not Vacant Land

Answer 56

(a) Prior to the first anniversary of the application commencement date- the commissioner may issue an order finding that the alleged vacancy is Not Vacant Land at any time following the completion of the investigation of the vacancy under 13.44 of this title (relating to Investigation of Vacancy Application) without a hearing. After the first anniversary of the application commencement date- the commissioner may issue an order finding Not Vacant Land without a hearing unless a necessary party has properly filed an exception to the application or the survey under 13.43 or 13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor). (b) The agency shall send a copy of the commissioner’s final order finding the alleged vacancy to be Not Vacant Land to each necessary party that can be located regardless of whether the necessary party requested continuation of notices. The orders shall be sent by regular mail and certified mail- return receipt requested- not later than the 15th day following the date of the final order. (c) A final order of the commissioner finding Not Vacant Land is conclusive as to the land investigated during the vacancy proceedings and may not be appealed.

Question 57

GLO - CHAPTER 13 - VACANCIES -13.51 Findings that a Vacancy

Answer 57

Exists Unless a hearing is required under 13.52 of this title (relating to Findings that Require Hearing)- the commissioner may find that a vacancy exists by issuing a final order supported by findings of fact and conclusions of law at any time following the completion of the investigation of the vacancy under 13.44 of this title (relating to Investigation of Vacancy Application).

Question 58

GLO - CHAPTER 13 - VACANCIES -13.52 Findings that Require Hearing

Answer 58

(a) A hearing must be held under 51.187 of the Texas Natural Resources Code if both of the following conditions exist: (1) a necessary party has properly filed an exception to the survey or the application under 13.43 or 13.48(b) of this title (relating to Necessary Party Exceptions to Survey or Vacancy Application or Completion of Survey by Appointed Surveyor) and the commissioner has not issued a final order finding Not Vacant Land prior to the first anniversary of the application commencement date; and (2) the chief surveyor has determined after the investigation under 13.44 of this title (relating to Investigation of Vacancy Application) that a vacancy may exist. (b) If a hearing is required- the commissioner shall order a hearing to determine whether a vacancy exists following the completion of the investigation. The agency shall provide notice of the hearing order to each necessary party that requested continuation of notices by regular mail and by certified mail- return receipt requested- within thirty (30) days of the date of the order. (c) The hearing shall be held not later than sixty (60) days following the date of the hearing order. (d) A vacancy hearing will be conducted as a contested case hearing under the rules of Chapter 2 of this title (relating to Rules of Practice and Procedure).

Question 59

GLO - CHAPTER 13 - VACANCIES -13.53 Waiver of Hearing Requirement

Answer 59

(a) If all necessary parties that can be located enter into an agreement with the commissioner that a hearing required by 13.52 of this title (relating to Findings that Require Hearing) may be waived- no hearing is required. (b) After the chief surveyor determines that a vacancy may exist- the agency may send a waiver agreement to each necessary party that can be located- stating that the commissioner and the necessary party agree that the hearing requirement may be waived. Upon receipt of signed waiver agreements from each necessary party that can be located- the commissioner shall complete the work necessary to issue a final order.

Question 60

GLO - CHAPTER 13 - VACANCIES -13.54 Final Orders”

Answer 60

(a) Following the investigation described in 13.44 of this title (relating to Investigation of Vacancy Application) and a hearing- if one is required by 13.52 of this title (relating to Findings that Require Hearing)- the commissioner shall issue a final order with a finding of Not Vacant Land or issue an order finding a vacancy exists. Not later than the 15th day after the date the final order is issued- the agency shall notify each necessary party that can be located of the final order by providing each necessary party a copy of the final order. (b) In addition to any information required under Chapter 2 of this title (relating to Rules of Practice and Procedure)- a final order finding that a vacancy exists must contain the following information: (1) a finding by the commissioner that the land alleged to be vacant is unsurveyed public school land that is not in conflict with land previously titled- awarded- or sold by the state as established by: (A) clear and convincing proof for an application to which an exception has been filed; or (B) a preponderance of the evidence for an application to which no exceptions have been filed; (2) the field note description used to determine the vacancy- which must be sufficient to locate the land on the ground; (3) an accurate plat of the land that is: (A) consistent with the field notes; and (B) prepared by a licensed state land surveyor or a county surveyor of the county in which all or a part of vacant land is located; (4) a list of all the records reviewed and persons consulted in reaching the determination- including agency staff; and (5) any other matters required by law. (c) In determining the boundaries and size of a vacancy- the commissioner is not restricted to a description of the land alleged to be vacant that is provided by the applicant- the surveyor- or any other person. The commissioner shall adopt the description of a vacancy that best describes the land found to be vacant and that is consistent with the investigation under this subchapter. (d) The commissioner shall file a document entitled Notice of Claim of Vacancy (notice). The notice shall contain a legal description of the vacant land and date on which the final order was issued. The commissioner shall file the notice with the county clerk and any county surveyor of each county in which all or a part of the vacancy is located.

Question 61

GLO - CHAPTER 13 - VACANCIES -13.55 Appeal of Final Vacancy Order

Answer 61

(a) A final order with a finding of Not Vacant Land may not be appealed.(b) A final order finding a vacancy exists is subject to appeal by a necessary party that has: (1) a present legal interest in the surface- subsurface or mineral estate at the time a vacancy application is properly filed; or (2) acquired a legal interest in the vacant land before the date of the commissioner’s final order. (c) A necessary party may file an appeal not later than the 30th day after the date the commissioner issued the final order. All necessary parties that have been located must be provided notice of an appeal under this section by the party filing the appeal. (d) A person whose predecessor in title was bound by the outcome of an appeal is bound to the same extent that the predecessor in title would be bound if the predecessor in title continued to hold title. (e) The district court in the county in which a majority of the vacant land is located has jurisdiction of an appeal under this subchapter. In an appeal of the commissioner’s final order determining that a vacancy exists- the district court shall conduct a trial de novo. The court may review the commissioner’s declaration of good-faith claimant status only in conjunction with a review of a final order determining that a vacancy exists.

Question 62

GLO - CHAPTER 13 - VACANCIES -13.56 Application for Good-Faith Claimant Status

Answer 62

(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) Any person who wishes to assert status as a good-faith claimant must submit a good-faith claimant affidavit together with the applicable filing fees found in 3.31(b) of this title (relating to Fees). The good-faith claimant affidavit is included in the vacancy application- which can be found on the agency’s website at www.glo.texas.gov. (c) The following documentation- if applicable- must be submitted with the good-faith claimant affidavit: (1) certified copies of the applicable county records supporting the good-faith claimant’s status; (2) documentary evidence- including- if appropriate- affidavits to establish past or present use or occupation of the surface- subsurface or mineral estate of the land alleged to be vacant; (3) proof of color of title or other muniment of title; (4) documentary evidence of possession for a period of at least ten (10) years; (5) a description of the method of enclosure and relevant information about the definite boundaries recognized in the community- including a physical description of those boundaries and evidence of their recognition; and (6) a statement of facts supporting a good-faith belief that the vacant land was within legal boundaries that would have vested title in the claimant.

Question 63

GLO - CHAPTER 13 - VACANCIES -13.57 Priority Among Good-Faith Claimants

Answer 63

If more than one necessary party files a good-faith claimant affidavit for land or minerals found to be vacant or on some portion thereof or interest therein- and the commissioner enters a finding that more than one claimant is a good-faith claimant- the commissioner shall apply the following priority rules in descending order to determine who is entitled to a preferential right to purchase or lease the vacant land or any portion thereof: (1) claimants qualifying under 13.33(11)(B) of this title (relating to Definitions)- which is based on having the land found to be vacant enclosed or within definite boundaries recognized in the community and in possession under a chain of title for a period of at least ten (10) years with a good-faith belief that the land was included within the boundaries of a survey or surveys that were previously titled- awarded- or sold under circumstances that would have vested title in the land to the claimant if the land were actually located within the boundaries of the survey or surveys; (2) claimants qualifying under 13.33(11)(A) of this title- which is based on occupation or use of the land found to be vacant or any interest in the land for any purposes; (3) claimants qualifying under 13.33(11)(D) of this title- which is based in part on holding title under a person described in 13.33(11)(A) or (B) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in 13.33(11)(A) or (B) of this title with a higher priority given to a person holding title under a person described in 13.33(11)(B) of this title; (4) claimants qualifying under 13.33(11)(C) of this title- which is based on ownership of land adjoining the vacant land; and (5) claimants qualifying under 13.33(11)(D) of this title- which is based in part on holding title under a person described in 13.33(11)(C) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in 13.33(11)(C) of this title.

Question 64

GLO - CHAPTER 13 - VACANCIES -13.58 Declaration of Good-Faith Claimant Status

Answer 64

(a) When determining whether a person is a good-faith claimant- the commissioner may take into account whether- under the facts and circumstances presented- the person should have conducted a title investigation before or after taking possession of the land. The commissioner will also consider whether public records delineated or disclosed the existence of the vacant land prior to the person’s use- occupation or possession of the land. (b) 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. (c) 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 under terms and conditions set by the board as provided by 51.194 of the Texas Natural Resources Code. It confers no other rights.

Question 65

GLO - CHAPTER 13 - VACANCIES -13.59 Appeal of Declaration of Good Faith Claimant Status

Answer 65

(a) 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. (b) 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.

Question 66

GLO - CHAPTER 13 - VACANCIES -13.60 Exercise of Preferential Rights

Answer 66

(a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or lease the interest claimed in the land before the land was declared vacant under terms and conditions set by the board. The preferential right may be exercised after a final judicial determination or after the commissioner’s final order and the period for filing an appeal has expired.(b) If a good-faith claimant does not apply to purchase or lease the interest before the later of the 121st day after the date the commissioner’s order becomes final or the 60th day after the date of the final judicial determination of an appeal under this subchapter- then the good-faith claimant’s preferential right expires. (c) If a good-faith claimant does not close a transaction to purchase or lease the interest before the 121st day after the date the terms and conditions are determined by the board- then the good-faith claimant’s preferential right expires. (d) A good-faith claimant may purchase or lease the vacancy by submitting a written application to the board. The agency will provide the good-faith claimant with the proper application. (e) A good-faith claimant that owns a separate surface interest- a contractual right to a mineral or leasehold interest- a leasehold interest- or a royalty interest in the land occupied or used that is found to be part of or to include a vacancy is entitled to purchase or lease that same interest at the price and under the terms and conditions set by the board and in accordance with the law in effect on the date the application is properly filed. (f) If the interest purchased under subsection (e) of this section is less than a permanent interest- then: (1) the interest purchased is limited to the duration of a deed- contract- instrument- or lease in existence before the filing of the vacancy application and subject to a division of the amount of the royalty between the state and the existing royalty owners- provided that the state retains at least one-half of the amount of the royalty interest; and (2) the interest and any remaining mineral interest- including all executory rights- vest with the state at the expiration of the deed- contract- instrument- or lease.

Question 67

GLO - CHAPTER 13 - VACANCIES -13.61 Purchase or Lease by Applicant

Answer 67

(a) If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period- the applicant has a preferential right to purchase or lease an interest in the vacant land on or before the 60th day after the date on which: (1) the commissioner determines that no good-faith claimant exists; or (2) the period for a good-faith claimant to exercise a preferential right to purchase or lease the vacant land expires. (b) If a good-faith claimant exercises the claimant’s preferential right in the land determined to be vacant- at the board’s election- the applicant has a preferential right to either of the following: (1) an award by the board of a perpetual 1/32 nonparticipating royalty of the full mineral interest of the vacancy; or (2) a preferential right to purchase or lease any remaining interest in the vacant land. (c) If a lease that is less than a permanent interest exists on the land determined to be vacant- the applicant’s 1/32 nonparticipating royalty interest- as described by subsection (b)(1) of this section- shall be taken from the state’s royalty interest as reserved under 13.60(f)(1) of this title (relating to Exercise of Preferential Rights) for the duration of the lease- provided that the applicant’s share for the duration of the lease may never equal more than the interest retained by the state. (d) An applicant who exercises a preferential right under subsection (a) or (b)(2) of this section may purchase or lease the vacant land or an interest in the vacant land: (1) at the price set by the board; (2) subject to any royalty or other reservations provided by the board; and (3) in accordance with the law in effect on the date the application is properly filed.

Question 68

GLO - CHAPTER 13 - VACANCIES -13.62 Terms of Sale or Lease by the School Land Board

Answer 68

(a) The board shall set the conditions for each sale or lease of vacant land. (b) The board- in its sole discretion- may reserve to the State of Texas for the use and benefit of the permanent school fund all oil- gas- coal- lignite- sulphur- and other mineral substances from which sulphur may be derived or produced- salt- potash- uranium- thorium- groundwater- wind- solar and geothermal resources- and all other minerals in and under the vacant land and by whatever method recovered- as well as the right to lease such minerals and the right of ingress and egress to explore for and produce the same. (c) The board may reserve a royalty in a mineral interest purchased by an applicant in a percentage that the board may determine in its sole discretion. (d) When leasing vacant land- the board may consider the interests of persons who currently hold or previously held mineral interests in adjoining or surrounding lands when determining the fair distribution of the purchase or leasing rights in the mineral estate. Where there is no good faith claimant- the board may enter into agreements with persons holding mineral interests in adjoining or surrounding lands prior to the vacancy determination in lieu of offering the mineral estate for lease to others. (e) The board shall recognize a good-faith claimant’s preferential right to purchase the surface and lease the minerals in vacant land by offering the good-faith claimant the first opportunity to purchase and lease under terms and conditions and at a price set by the board. (f) An applicant’s preferential right to purchase or lease an interest in vacant land is secondary to the preferential right of good-faith claimants. The board may sell the surface estate and lease the minerals to the applicant under the same conditions as to a good-faith claimant. If neither the good-faith claimant nor the applicant exercises the right to purchase or lease all of the vacant land or any portion thereof within sixty (60) days of the date on which the application for purchase or lease is sent to the good-faith claimant or applicant by the agency- then the agency file shall be endorsed- surveyed- unsold school land and may be sold and leased in the manner prescribed by law for sale and lease.