16 Tex. Admin. Code § 12.821 - Acceptance of Gifts of Land
(a) The
Commission under an approved reclamation plan may accept donations of title to
land or interests in land if the land proposed for donation meets the
requirements set out in §
12.819 of this title (relating to
Land Eligible for Acquisition).
(b)
Offers to make a gift of land or interest in land to the Commission shall be in
writing and shall include:
(1) a statement of
the interest which is being offered;
(2) a legal description of the land and a
description of any improvements on it;
(3) a description of any limitations on the
title or conditions as to the use or disposition of the land existing or to be
imposed by the donor;
(4) a
statement that:
(A) the donor is the record
owner of the interest being offered;
(B) the interest offered is free and clear of
all encumbrances except as clearly stated in the offer;
(C) there are no adverse claims against the
interest offered;
(D) there are no
unredeemed tax deeds outstanding against the interest offered; and
(E) there is no continuing responsibility by
the operator under state or federal statutory law for reclamation;
and
(5) an itemization of
any unpaid taxes or assessments levied, assessed or due which could operate as
a lien on the interest offered.
(c) If the offer is accepted, a deed of
conveyance shall be executed, acknowledged, and recorded. The deed shall state
that the conveyance is made "as a gift under the Texas Surface Coal Mining and
Reclamation Act." Title to donated land shall be in the name of the State of
Texas.
Notes
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