31 Tex. Admin. Code § 154.1 - Sale of Permanent School Fund Land
(a) Definitions.
(1) Surrounding land means all of the
privately owned property having a common boundary with a particular tract of
land approved for sale by the board.
(2) Preferential right refers to a right to
purchase property before the property is offered for sale to any other
party.
(3) Participating owner
means an owner of all or part of the surrounding land exercising a preferential
right granted by the School Land Board (board).
(4) Non-participating owner means an owner of
all or part of the surrounding land not exercising a preferential right granted
by the board.
(b) Board
authority.
(1) The board may acquire, sell,
lease, trade, improve, maintain, protect, or otherwise manage, control, or use
land that is set apart to the permanent school fund in any manner, at such
prices, and under such terms and conditions as the board finds to be in the
best interest of the state.
(2) The
board may not convey property for less than the market value.
(3) The board shall determine market value of
land in accordance with §
1.04 of the Texas Tax
Code.
(c) Preferential
right.
(1) If there is only one surrounding
land owner, the board may grant a preferential right to that owner to purchase
the tract, provided that the purchase price of the tract is not less than
market value and the board finds that granting the preferential right is in the
best interest of the state.
(2) If
there is more than one surrounding land owner, the board may grant a
preferential right to those surrounding land owners for purchase of the tract,
provided that the purchase price of the tract is not less than market value and
the board finds that granting the preferential right is in the best interest of
the state.
(3) When a preferential
right is requested or is considered by the board without a request, the board
shall send a notice of intent to sell the tract by regular mail to the last
known address of the surrounding land owner or owners, as identified by the
county records.
(d)
Partition agreement.
(1) When there exists
more than one surrounding land owner and the board decides to grant a
preferential right to those owners, the participating owners may be required to
submit to the General Land Office a proposed partition agreement recommending
an agreed division of the property.
(2) The participating owners may also be
required to submit to the General Land Office an affidavit signed by all of the
participating owners stating that all surrounding land owners have been
identified and have agreed to the partition agreement or have submitted waivers
of a preferential right granted by the board as described in paragraph (3) of
this subsection.
(3) Any
non-participating owner may waive a preferential right by filing a written
waiver with the General Land Office. Once the waiver has been filed, the
non-participating owner's signature will not be required on any partition
agreement or accompanying affidavit.
(4) Notwithstanding the foregoing, the board
may authorize a participating owner or owners to exercise a preferential right
without the consent of all of the non-participating owners upon a showing by
the participating owners that the non-participating owner(s) could not be
located after a diligent search, are so numerous that waivers described in
paragraph (3) of this subsection may not be obtained within a reasonable time
frame, or are otherwise unwilling to participate in the purchase of the tract
or to expressly waive the preferential right as described in paragraph (3) of
this subsection. In such an instance, the board may require an affidavit signed
by all of the participating owners that describes their efforts to locate the
non-participating owners or the circumstances surrounding the non-participating
owners' failure to participate in the purchase of the tract or to expressly
waive the preferential right, as applicable. In the alternative, the board may
deny the preference request and offer the tract for sale by sealed
bid.
(5) The board may require
purchasers to provide a survey, prepared by a licensed state land surveyor,
which shall identify and describe all tracts to be divided pursuant to the sale
of the property.
(e)
Upon approval of the board, payment of the purchase price, payment of the
special fee, and, if applicable, filing of the survey and the partition
agreement, a land award or deed may be issued in accordance with the terms
prescribed by the board. The board may waive the special fee on land sales to
any state agency, board, commission, political subdivision, or other
governmental entity.
Notes
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