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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 13LAND RESOURCES
SUBCHAPTER EVACANCIES
RULE §13.34Vacancy Application: Requirements

(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.


Source Note: The provisions of this §13.34 adopted to be effective February 22, 2011, 36 TexReg 1154

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