(a) An applicant seeking a vacancy determination should file a vacancy application on the form prescribed by the commissioner, which may be obtained as follows:
- (1) by request in a letter addressed to the Vacancy Administrator, Texas General Land Office, Legal Services Division, P.O. Box 12873 (physical address 1700 N. Congress Avenue 78701), Austin, Texas 78711-2873; or
- (2) on the agency's website at www.glo.texas.gov.
(b) A completed application must include the following:
- (1) A description of the land alleged to be vacant that is sufficient to locate the land on the ground.
- (2) A written statement indicating the interest or interests in the land alleged to be vacant that the applicant seeks to purchase or lease.
(3) Evidence that a vacancy exists in the form of:
(A) a survey report, including:
- (i) the field notes describing the land and the lines and corners surveyed; and
- (ii) a plat depicting the results of the survey; or
- (B) an abstract of title to each parcel of land that adjoins the land alleged to be vacant.
- (4) A list, in a format prescribed by the commissioner, containing the name, last known mailing address, telephone number, and e-mail address (if available) of each necessary party.
- (5) An affidavit executed by the applicant affirming that the applicant conducted a diligent search of local land and property tax records in formulating the list of necessary parties described in paragraph (4) of this subsection.
- (c) To facilitate the identification of necessary parties, an applicant who also seeks status as a good-faith claimant should file the good-faith claimant affidavit and supporting documentation with the land office prior to the determination that the application is administratively complete.
- (d) If the applicant wishes to request that the commissioner appoint a surveyor for the vacancy application, the request must be included with the application.
Source Note:The provisions of this §13.34 adopted to be effective February 22, 2011, 36 TexReg 1154.