Sec. 51.193. APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS. (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) The application must include certified copies of the applicable county records supporting the good-faith claimant's status.
(c) Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant.
(d) A person who is denied good-faith-claimant status may:
(1) request a hearing by the commissioner; or
(2) appeal the denial as part of any appeal of a final order finding that a vacancy exists.
(e) If the commissioner grants a hearing, the commissioner shall:
(1) determine the scope of the hearing;
(2) provide timely notice of the time and place of the hearing to each necessary party; and
(3) provide each necessary party an opportunity to be heard.
(f) A declaration of good-faith-claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land as provided by Section 51.194. The declaration does not confer any other rights.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.
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