Texas Attorney General Opinion: V-1134 Page: 2 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. Bascom Giles, Commissioner, Page 2, V-1134.
In Boykin v. Southwest Texas Oil & Gas Co.,
supra, the court said:
"Under that article /:Art. 5423, R.C.S.
1911, now Art. 5326, V.c.S.7 the act of the
land commissioner in forfeiting the purchase
of land has the effect of restoring the land
to the public domain of the state. The pro-
vision that 'the purchasers, or their vendees,
may have their claims reinstated on their
written request, by paying into the treasury
the full amount of interest due on such claim
up to the date of reinstatement, provided that
no rights of third persons may have intervened'
in no way weakens or affects the proposition
that a forfeiture restores the land to the
public domain and reinvests the title in the
state. Lawless v. Wright, 39 Tex.Civ.App. 26,
86 S.W. 1039 (writ of error refused); Jones v.
Robison, 104 Tex. 70, 133 S.W. 879. Likewise,
we think the provision in chapter 160 of the
Acts of the Thirty-Third Legislature that the
'owner of such land at the date of forfeiture***
shall have the right for a period of ninety
days after notice of classification and ap-
praisement of his land *** to repurchase' it,
'in no way weakens or affects the proposition
that forfeiture restores the land to the pub-
lic domain and reinvests the title in the
state.'...
"The statute in terms gives the previous
owner only the preference right to repurchase
the land. It gives him no right in the land.
It gives him a right, in preference to others,
to acquire rights in the land--the title. From
the date of forfeiture until the date of the
reaward of the land to him by the state, the
ownership is out of him and not in him. It is
in the state." (256 S.W. at 582-583)
Since the land belongs to the State after for-
feiture and before reinstatement or repurchase, the tak-
ing of minerals from the land during this period without
authority from the State is actionable under Article
5325, V.C.S., which provides:
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1134, text, December 19, 1950; (https://texashistory.unt.edu/ark:/67531/metapth265952/m1/2/: accessed April 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.