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RULE §26.9Designation of Private Property

(a) Designation procedure. Cultural resources of national, state, or local significance in private ownership may be nominated by individuals or institutions holding title to the property on which the resources are located. The nomination must be submitted to the commission on a form approved by the commission. In addition to the nomination requirements listed in §26.8(a) of this title (relating to Designation Procedures for Publicly Owned Landmarks), the nomination must be accompanied by proof of ownership, such as a deed record, and payment for the medallion. The nomination form shall contain language that expressly states the owner's consent to landmark designation by signing the form. A site, building, or structure on privately owned property, which is designated as a landmark by the commission, is afforded the same protection under the Antiquities Code of Texas as resources on public property. The nomination and designation hearing process for the designation of privately owned property will follow the same basic procedures set forth in §26.8 of this title.

(b) Recordation and marking of landmarks on private property. Upon designation, the commission shall record the property owner's consent and notice of the designation in the deed records of the county in which the property is located, provide the property owner with a copy of the filed instrument, and retain a copy of the filed instrument in the commission's records. Landmarks shall be marked with a marker or medallion, to be installed by commission staff or designee immediately after designation.

  (1) Archeological sites designated as landmarks shall be marked with a landmark marker. The UTM coordinate of the marker will be retained in the commission's records.

  (2) Historic buildings and structures designated as landmarks shall be marked with a medallion bearing the words "State Antiquities Landmark". The property owner shall provide payment for the medallion when the nomination form is submitted to the Commission. A photograph of the installed medallion showing its context will be retained in the commission's records.

Source Note: The provisions of this §26.9 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective August 22, 2017, 42 TexReg 4130

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