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.
