Texas Attorney General Opinion: O-6723 Page: 3 of 5
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Nm. Bascom Giles - Page 3
or their vendees, heirs, or legal representatives,
may Isve their claims reinstated on their written
request, by paying into the Treasury the full
amount of interest due on such ol1im up to the date
of reinstatement, provided that no rights of third
persons may have intervened. The right to rein-
state shall be limited to the last purchaser from
the State or his vendees o their heirs or legal
representatives. Such right must be exercised
within five (5) years from the date of the forfeiture,
and the right to reinstate any olaim heretofore for-
feited by the Comissioner must be exercised within
five (5) years from the effective date of this Act,
but not thereafter,. ."
Mo. Love has sought to comply with this article by
making his request for reinstatement within five years from the
date of the forfeitue. Provided ro. Love is the last purchaser
of the land frm the State, or such last purchaser's vndee, hair
or legal representative, and if he has paid into the State Treasury
the full amount of interest due on suoh clain up to the date of
reinstatement, he is clearly entitled to have his ciaim reinstated,
"provided that no rights of third persons an*a{ have intervened.'
Art. 5326; texas Jurisprudence, Vol. 34, Public Lands, page 190.
Nave any rights of third parties intervened since
such forfeiture? Your letter mentions none that might possibly
be so caonstrued, except the prospecting permit issued to Mt.
Ndoenna and the application of Southwest Minerals, Inc.* for a
metallic mineral prospecting permit that was filed in the
General Land Office on July 3, 1945.
Mr. MoKenna's prospecting pemit and the application
of Southwest Minerals, Inc. vensreaM under authority of louse
Bill 489, Ch. 301, Acts '4th Legislature, Rel. *Sesasion, 1943,
p. 453, being what is now known as Article 521c, see. 12, R. C. So
of Texas. This aeotion reads
"Any person or corporation desiring to
prospect a tract of land belonging to the State for
gold, silver, platinuL , oanabar, and other metallic
orea and precious stones aJ file a application
with the Commissioner of the General Land Office
designating the area to be prospected, vhich mast
be accompanied by a rental payment of Ten (10)
Cents per are, and each applicant shall have a
period of one year from date of filing such appli-
cation within which to prospect the area designalted.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6723, text, July 31, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264000/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.