If more than one necessary party files a good-faith claimant affidavit for land or minerals found to be vacant or on some portion thereof or interest therein, and the commissioner enters a finding that more than one claimant is a good-faith claimant, the commissioner shall apply the following priority rules in descending order to determine who is entitled to a preferential right to purchase or lease the vacant land or any portion thereof: (1) claimants qualifying under §13.33(11)(B) of this title (relating to Definitions), which is based on having the land found to be vacant enclosed or within definite boundaries recognized in the community and in possession under a chain of title for a period of at least ten (10) years with a good-faith belief that the land was included within the boundaries of a survey or surveys that were previously titled, awarded, or sold under circumstances that would have vested title in the land to the claimant if the land were actually located within the boundaries of the survey or surveys; (2) claimants qualifying under §13.33(11)(A) of this title, which is based on occupation or use of the land found to be vacant or any interest in the land for any purposes; (3) claimants qualifying under §13.33(11)(D) of this title, which is based in part on holding title under a person described in §13.33(11)(A) or (B) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in §13.33(11)(A) or (B) of this title with a higher priority given to a person holding title under a person described in §13.33(11)(B) of this title; (4) claimants qualifying under §13.33(11)(C) of this title, which is based on ownership of land adjoining the vacant land; and (5) claimants qualifying under §13.33(11)(D) of this title, which is based in part on holding title under a person described in §13.33(11)(C) of this title or is entitled to a distributive share of a title acquired under an application filed by a person described in §13.33(11)(C) of this title. |
