| (a) A necessary party may apply for good-faith claimant status not later than the 90th day after the date the commissioner issues a final order finding that a vacancy exists. (b) Any person who wishes to assert status as a good-faith claimant must submit a good-faith claimant affidavit together with the applicable filing fees found in §3.31(b) of this title (relating to Fees). The good-faith claimant affidavit is included in the vacancy application, which can be found on the agency's website at www.glo.texas.gov. (c) The following documentation, if applicable, must be submitted with the good-faith claimant affidavit: (1) certified copies of the applicable county records supporting the good-faith claimant's status; (2) documentary evidence, including, if appropriate, affidavits to establish past or present use or occupation of the surface, subsurface or mineral estate of the land alleged to be vacant; (3) proof of color of title or other muniment of title; (4) documentary evidence of possession for a period of at least ten (10) years; (5) a description of the method of enclosure and relevant information about the definite boundaries recognized in the community, including a physical description of those boundaries and evidence of their recognition; and (6) a statement of facts supporting a good-faith belief that the vacant land was within legal boundaries that would have vested title in the claimant. |
