(a) The Commission under an approved reclamation plan
may accept donations of title to land or interests in land if the
land proposed for donation meets the requirements set out in §12.819
of this title (relating to Land Eligible for Acquisition).
(b) Offers to make a gift of land or interest in land
to the Commission shall be in writing and shall include:
(1) a statement of the interest which is being offered;
(2) a legal description of the land and a description
of any improvements on it;
(3) a description of any limitations on the title or
conditions as to the use or disposition of the land existing or to
be imposed by the donor;
(4) a statement that:
(A) the donor is the record owner of the interest being
offered;
(B) the interest offered is free and clear of all encumbrances
except as clearly stated in the offer;
(C) there are no adverse claims against the interest
offered;
(D) there are no unredeemed tax deeds outstanding against
the interest offered; and
(E) there is no continuing responsibility by the operator
under state or federal statutory law for reclamation; and
(5) an itemization of any unpaid taxes or assessments
levied, assessed or due which could operate as a lien on the interest
offered.
(c) If the offer is accepted, a deed of conveyance
shall be executed, acknowledged, and recorded. The deed shall state
that the conveyance is made "as a gift under the Texas Surface Coal
Mining and Reclamation Act." Title to donated land shall be in the
name of the State of Texas.
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