546 S.W.3d 766
Tex. App.2018Background
- Lone Oak Club holds title by regular chain to an 1872 patent to Sophronia Barrow for a 160-acre survey (Barrow Survey) that includes part of Lone Oak Bayou.
- GLO surveying staff inspected Lone Oak Bayou in 2009, concluded it was tidally influenced and that state owns submerged land below mean high water, and GLO senior staff notified the Club.
- Club sued the Land Commissioner in an ultra vires trespass-to-try-title suit seeking removal of the cloud on title to the bayou bed (no monetary damages); Commissioner was sued in his official capacity and later substituted with his successor.
- Trial court found jurisdiction under State v. Lain, concluded GLO acted ultra vires, granted Club summary judgment applying the 1929 "Small Bill" (Tex. Rev. Civ. Stat. art. 5414a) and declared Club owns fee simple title to the bed (subject to public navigation, sand-and-gravel reservation, and mineral exclusions).
- Land Commissioner appealed, invoking Hall v. McRaven (arguing sovereign immunity/limits on ultra vires suits), disputing that the Small Bill covers tidally influenced waters, and challenging the fee-simple remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction / sovereign immunity (ultra vires suit) | Club: Lain permits trespass-to-try-title suits against state officials acting ultra vires; court has jurisdiction. | Commissioner: McRaven restricts ultra vires suits where official interprets a collateral law; sovereign immunity bars suit. | Court: Lain controls; McRaven does not overrule Lain. Trial court had jurisdiction; ultra vires suit permissible. |
| Does the Small Bill quitclaim state interest in beds of tidally influenced watercourses? | Club: Small Bill covers "watercourses or navigable streams" included in patents; no tidal exclusion; applies to Lone Oak Bayou. | Commissioner: "Watercourse" excludes tidally influenced/coastal waters; Small Bill does not convey submerged tidally influenced beds. | Court: Plain text and purpose of Small Bill include tidally influenced waterways; Small Bill conveyed the bed within the Barrow Survey. |
| Applicability facts (does Lone Oak Bayou meet Small Bill criteria) | Club: Barrow patent covered the bayou, patent predated 1929 and was outstanding >10 years; Small Bill validation applies. | Commissioner: Disputes legal effect due to tidal influence (see above). | Court: Facts meet Small Bill conditions; patent validated and quitclaim applies to bed portion. |
| Remedy—may court decree fee simple title against official? | Club: Seeks declaratory and possessory relief; asks for fee simple title as in trespass-to-try-title. | Commissioner: Decree adjudicates title against the State and implicates sovereign immunity; not permissible. | Court: Judgment against officials in Lain-style ultra vires suit adjudicates title between parties but is not binding on the sovereign; fee-simple decree as to plaintiff against officials was appropriate. |
Key Cases Cited
- State v. Lain, 349 S.W.2d 579 (Tex. 1961) (trespass-to-try-title against state officials allowed; court to decide title and right of possession)
- Hall v. McRaven, 508 S.W.3d 232 (Tex. 2017) (administrative official interpreting collateral law not liable ultra vires where rule delegated interpretive authority)
- Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384 (Tex. 2011) (recognizes Lain route when state official's possession may be wrongful; ultra vires remedy appropriate)
- State v. Bradford, 50 S.W.2d 1065 (Tex. 1932) (historical background on statutes/surveys crossing navigable streams; Small Bill purpose explained)