SECTION 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.

Source Note: The provisions of this §12.821 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534