[Download] "Dixon v. Dewhurst" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dixon v. Dewhurst
- Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
- Release Date : January 04, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A vacancy is "an area of unsurveyed public school land . . . ." Tex. Nat. Res. Code Ann. 51.172(5) (Vernon Supp. 2004--2005); see Cockerell v. Taylor County, 814 S.W.2d 892, 894 n.2 (Tex. App.---Eastland 1991, writ denied). A person discovering that a vacancy exists has the right, in certain circumstances, to lease or purchase the property at a price fixed by the proper state agency. W. L. Dixon and A. W. Witcher (collectively Dixon) claimed a vacancy existed concerning land in Upshur County and attempted to purchase or lease the alleged fifty-four-acre vacancy. Dixon later lowered the claim for vacant land to thirty-five acres, but eventually claimed that the vacancy had to be one of the two acreages. The proceeding went to the General Land Office, which had a survey made of the land, and concluded a vacancy existed. The case was tried before an administrative law judge, who determined that no vacancy existed, and that proposal was adopted by the Commissioner of the General Land Office. Dixon appealed to the district court, and that court affirmed the Commissioners order. Dixon appeals.