Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR INTEREST IN LAND RELEASED BY STATE    


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  • (a) The School Land Board may approve a tract of land for patenting to release all or part of the state's interest in land, excluding mineral rights, if the board:

    (1) finds that:

    (A) the land is surveyed, unsold, permanent school fund land according to the records of the land office;

    (B) the land is not patentable under the law in effect before January 1, 2002; and

    (C) the person claiming title to the land:

    (i) holds the land under color of title;

    (ii) holds the land under a chain of title that originated on or before January 1, 1952;

    (iii) acquired the land without actual knowledge that title to the land was vested in the State of Texas;

    (iv) has a deed to the land recorded in the appropriate county; and

    (v) has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency; and

    (2) unanimously approves the release of the state's interest.

    (b) This section 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.

    (c) This section may not be used to:

    (1) resolve boundary disputes; or

    (2) change the mineral reservation in an existing patent.

Added by Acts 2001, 77th Leg., ch. 310, Sec. 1, eff. Nov. 6, 2001.