Authority to release state's interest in land held by person under color of title

Texas Constitution (1876)

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  (a) The legislature by law may provide for the release of all or part of the state's interest in land, excluding mineral rights, if:

  (1) the land is surveyed, unsold, permanent school fund land according to the records of the General Land Office;

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

  (3) the person claiming title to the land:

  (A) holds the land under color of title;

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

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

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

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

  (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.

  (d) (Added Nov. 6, 2001; expired Jan. 2, 2002.)


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