31 TAC §§13.60-13.67
The General Land Office (GLO) proposes new §§13.60-13.67,
concerning procedures for notification and for exercise of the preference
right to purchase certain tracts of land conveyed to the state for use by
the superconducting super collider research facility in Ellis County, Texas,
as set forth in Teas Natural Resource Code Annotated, §31.309.
Spencer Reid, General Counsel, has determined that for the first five-year
period the rules are in effect, there will be no anticipated fiscal implications
as a result of the administration of these rules.
Mr. Reid also has determined that, for the first five-year period the rules
are in effect, the public benefit anticipated as a result of administration
and compliance with these rules is to streamline the process for compliance
with Texas Natural Resource Code, §31.309. There will be no effect on
small businesses. There are no anticipated economic costs to persons who are
required to comply with the sections as proposed.
Interested parties may submit comments to Carol Milner, General Land Office,
1700 North Congress, Room 626, Austin, Texas 78701-1495. Comments must be
submitted by 5:00 p.m. on Friday, February 26, 1998.
The new subchapter is proposed under Texas Natural Resource Code,
§31.309, which authorizes the commissioner to promulgate rules necessary
to implement §31.309.
The Texas Natural Resource Code Annotated, §31.309 is affected by
this proposed rulemaking.
§13.60.Purpose and Scope
The purpose of this subchapter is to provide procedures for notification
and for exercise of the preference right to purchase certain property conveyed
to the state for use by the superconducting super collider research facility
in Ellis County, Texas, as set forth in Texas Natural Resource Code Annotated,
§31.309.
§13.61. Definitions.
The following words and terms, when used in this subchapter, mean
the following unless the context clearly indicates otherwise:
Conveyed
- The transfer of title whether by deed or condemnation
for use by the superconducting super collider facility in Ellis County, Texas.
GLO
- General Land Office
Heirs
- One entitled to inherit the estate of a decedent under
a lawful will, or under the laws of descent and distribution then in effect
in the State of Texas.
Person
- An individual, a duly organized corporation, business
trust, estate, trust, partnership, limited liability company, association
or other business entity, or a government or governmental subdivision or agency.
Preference right
- A statutory priority right to purchase
property in accordance with this subchapter.
Property
- A tract of land acquired by the state by deed or
condemnation for use by the superconducting super collider research facility
in Ellis County, or portion thereof, which has not been offered for sale,
or sold prior to January 1, 1998.
Successors
- A subsequent holder of title to all of the assets
of another entity by acquisition or merger or as otherwise permitted by law.
TNRLC
-The Texas National Research Laboratory Commission, a
state agency which ceased to exist by act of the legislature, and whose authority
to manage, control, market and dispose of real property and interests in real
property was transferred to the GLO under the Government Code, §465.018(d).
§13.62.Preference Right.
(a)
There is no preference right as to any property sold,
under contract for sale, or offered for sale prior to January 1, 1998. For
purposes of this section, the phrase “offered for sale” shall
include, any of the following activities:
(1)
the publication of a list of properties to be sold by
sealed bid sale held by the GLO under the provisions of the Texas Natural
Resource Code Annotated, §31.158; or
(2)
any actions taken to solicit offers for the sale
of property, including without limitations, the placement of “For Sale”
signs, advertisement for sale in newspapers, magazines, brochures, flyers,
or the internet.
(b)
As to property not offered for sale prior to January 1,
1998, a preference right shall accrue to a person, or the person's heirs or
successor, who conveyed land to the state for use by the superconducting super
collider research facility in Ellis County, Texas.
(c)
Before the GLO initiates formal action to sell a particular
tract of property to any other party, notice shall be given to a person with
a preference right, in accordance with the provisions of §13.63 of this
subchapter (relating to Notice of Preference Right).
§13.63.Notice of Preference Right.
The notice of preference right shall contain:
(1)
the date of the notice;
(2)
a legal description of the property subject to the
preference right;
(3)
an application to purchase the tract in a form prescribed
by the GLO;
(4)
a statement informing the addressee that in order
to exercise the preference right, the addressee must deliver a signed application
to the GLO at the address set forth in the application on or before the 30
days after the date of the notice, and pay to the GLO a fee in the amount
of $300.00, which shall be applied to the cost of an appraisal of the property
described in the application. The required fee shall not be refundable and
shall not apply to the purchase price of the property from the GLO; and
(5)
a statement that within 15 days after receipt of
written notice from the GLO of appraised value, the addressee shall, enter
into a contract to purchase the property described in the application at the
appraised value, on the terms and conditions contained in a form of purchase
contract prescribed by the GLO, or the preference right is conclusively deemed
to have been waived.
§13.64.Method of Service of Notice.
(a)
The notice required by §13.63 of this subchapter
(relating to Notice of Preference Right) shall be given by:
(1)
certified mail, return receipt requested, to the last
known address of the person who conveyed the tract or any portion of the tract
to the state, as reflected in the files and records of the GLO; and
(2)
publication of a “Notice of Preference Right
to Purchase Certain Former Superconducting Super Collider Property”
in at least three issues of a daily newspaper published in Waxahachie, Texas,
and in at least three issues of a daily newspaper in the Dallas/Ft. Worth
Metroplex. The last date of publication shall be 30 days prior to the deadline,
for application established in §13.63 of this subchapter. The notice
shall be addressed to all prior owners (their heirs and successors) who conveyed
the property subject to the preference right.
(b)
Notice given by certified mail shall be deemed delivered
upon deposit in a US Postal Service depository, postage prepaid, regardless
of whether the notice is returned to the GLO as unclaimed, undeliverable or
for any other reason noted by the US Postal Service.
(c)
Notice given by publication shall be deemed received the
last date of publication.
§13.65.Proof of Notice.
The GLO shall maintain copies of all notices provided pursuant to this
subchapter. The records of the GLO shall be conclusive proof of the fulfillment
of notice requirements of this subchapter.
§13.66.Exercise of Preference Right.
A person or a person's heirs or successors entitled to a preferential
right to purchase shall strictly comply with the deadlines and other conditions
of sale set forth in this subchapter or any contract of sale, or the preference
right shall be deemed waived without further action of the GLO.
§13.67.Permitted Exceptions .
The property sold under this subchapter shall be conveyed subject to
any easement, covenants, restrictions, rights of ways and any other matter
of record in the official records of the GLO or Ellis County, Texas, and any
other matters contained in the contract of sale.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 26, 1998.
TRD-9801149
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: March 9, 1998
For further information, please call: (512) 305-9129