Texas Natural Resources Code - Section 11.076. Unlawful Enclosures
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§ 11.076. UNLAWFUL ENCLOSURES. (a) If the governor is
credibly informed that any portion of the public land or the land
which belongs to any of the special land funds has been enclosed or
that fences have been erected on the land in violation of law, he
may direct the attorney general to institute suit in the name of the
state for the recovery of the land, damages, and fees.
(b) The fee for the attorney general may not be less than $10
if the amount recovered is less than $100, but if the amount of
recovery is over $100, the fee shall be 10 percent paid by the
defendant for the use and occupancy of the land and the removal of
the enclosure and fences.
(c) The damages may not be less than five cents an acre a
year for the period of occupancy.
(d) In a suit brought under this section, the court shall
issue a writ of sequestration directed to any sheriff in the state
requiring him to take into actual custody the land and any property
on the land which belongs to the person who is unlawfully occupying
the land and to hold the land and other property until the court
issues further orders. The writ may be executed by the sheriff to
whom it is delivered, and he shall proceed to execute the writ.
(e) The defendant in the suit may replevy the property as
provided in other cases by executing the bond required by law.
(f) An appeal from a suit brought under this section has
precedence over other cases.
(g) If judgment is recovered by the state in the suit, the
court shall order the enclosure or fences removed and shall charge
the costs of the suit to the defendant. Property on the land which
belongs to the defendant and which is not exempt from execution may
be used to pay costs and damages in addition to the personal
liability of the defendant.
Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1981, 67th Leg., p. 2644, ch. 707, §
4(32), eff. Aug. 31, 1981.
Section: 11.042 11.043 11.071 11.072 11.073 11.074 11.075 11.076 11.077 11.078 11.079 11.0791 11.080 11.081 11.082
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Last modified: August 10, 2007
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