CHAPTER 6. PATENTS - Texas Statutes

VERNON'S CIVIL STATUTES

TITLE 86. LANDS--PUBLIC

CHAPTER 6. PATENTS

Art. 5414a. VALIDATING PATENTS ON LANDS LYING ACROSS OR PARTLY

ACROSS WATER COURSES OR NAVIGABLE STREAMS.

Sec. 1. All patents to and awards of lands lying across or partly

across water courses or navigable streams and all patents and

awards covering or including the beds or abandoned beds of water

courses or navigable streams or parts thereof, which patents or

awards have been issued and outstanding for a period of ten years

from the date thereof and have not been cancelled or forfeited,

are hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit-claims and

grants to patentees and awardees and their assignees all of the

lands, and minerals therein contained, lying across, or partly

across watercourses or navigable streams, which lands are

included in surveys heretofore made, and to which lands patents

or awards have been issued and outstanding for a period of ten

years from the date thereof and have not been cancelled or

forfeited, and the State of Texas hereby relinquishes,

quit-claims and grants to patentees and awardees and their

assignees all of the beds, and minerals therein contained, or

water courses or navigable streams, and also all of the abandoned

beds, and minerals therein contained, of water courses or

navigable streams, which beds or abandoned beds or parts thereof

are included in surveys heretofore made, and to which beds or

abandoned beds, or parts thereof, patents or awards have been

issued and outstanding for a period of ten years from the date

thereof, and have not been cancelled or forfeited; provided that

nothing in this Act contained shall impair the rights of the

general public and the State in the waters of streams or the

rights of riparian and appropriation owners in the waters of such

streams, and provided further that with respect to lands sold by

the State of Texas expressly reserving title to minerals in the

State, such reservation shall not be affected by this Act; nor

shall relinquish or quit-claim any number of acres of land in

excess of the number of acres of land conveyed to said patentee

or awardees in the original patents granted by the State, but the

patentees or awardees and their assignees shall have the same

rights, title and interest in the minerals in the beds or

abandoned beds, or parts thereof, of such water courses or

navigable streams, that they have in the uplands covered by the

same patent or award; provided that this Act shall not in any way

affect the State's title, right or interests in and to the sand

and gravel, lying within the bed of any navigable stream within

this State, as defined by Article 5302, Revised Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to

all Spanish and Mexican land grants and titles issued by the

Spanish or Mexican Governments prior to the Texas Revolution of

1836, which have subsequently been recognized by the Republic of

Texas, or by the State of Texas as valid.

Acts 1929, 41st Leg., p. 298, ch. 138.

Art. 5414a-1. VALIDATING DEEDS OF ACQUITTANCE ON LANDS LYING

ACROSS OR PARTLY ACROSS WATER COURSES OR NAVIGABLE STREAMS.

Sec. 1. All deeds of acquittance to lands lying across or partly

across water courses or navigable streams and all deeds of

acquittance covering or including the beds or abandoned beds of

water courses or navigable streams or parts thereof, which deeds

of acquittance have been issued and outstanding for a period of

ten years from the date thereof and have not been cancelled or

forfeited, are hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit claims and

grants to grantees and their assignees all of the lands, and

minerals therein contained, lying across, or partly across water

courses or navigable streams, which lands are included in surveys

heretofore made, and to which lands deeds of acquittance have

been issued and outstanding for a period of ten years from the

date thereof and have not been cancelled or forfeited; and the

State of Texas hereby relinquishes, quit claims and grants to

grantees and their assignees all of the beds, and minerals

therein contained, of water courses or navigable streams and also

all of the abandoned beds, and minerals therein contained, of

water courses or navigable streams, which beds or abandoned beds

or parts thereof are included in surveys heretofore made, and to

which beds or abandoned beds, or parts thereof, deeds of

acquittance have been issued and outstanding for a period of ten

years from the date thereof, and have not been cancelled or

forfeited; provided that nothing in this Act contained shall

impair the rights of the general public and the State in the

waters of streams or the rights of riparian and appropriation

owners in the waters of such streams; and provided further, that

with respect to lands sold by the State of Texas expressly

reserving title to minerals in the State, such reservation shall

not be affected by this Act; nor shall the State of Texas

relinquish or quit claim any number of acres of land in excess of

the number of acres of land conveyed to said grantees in the

deeds of acquittance granted by the State, but the grantees and

their assignees shall have the same rights, title and interest in

the minerals in the beds or abandoned beds, or parts thereof, of

such water courses or navigable streams, that they have in the

uplands covered by the same deed of acquittance; provided that

this Act shall not in anyway affect the State's title, right or

interest in and to the sand and gravel lying within the bed of

any navigable stream within this State, as defined by Article

5302, Revised Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to

all Spanish and Mexican land grants and titles issued by the

Spanish or Mexican governments prior to the Texas Revolution of

1836, which have subsequently been recognized by the Republic of

Texas, or by the State of Texas, as valid.

Sec. 4. No provision of this Act shall affect the rights of any

parties involved in pending litigation at the effective date of

this Act. The provisions of this Act are and shall be held and

construed to be cumulative of all laws of this State on the

subject treated of and embraced in this Act. All laws or parts of

laws in conflict herewith are hereby repealed. If any section,

subdivision, paragraph, sentence or clause of this Act shall be

held to be unconstitutional, the remaining portions of this Act

shall nevertheless be held valid and binding.

Acts 1955, 54th Leg., p. 660, ch. 232.

Art. 5414c. EFFECT OF JUDGMENT IN ACTION TO RECOVER ABANDONED

LAND TITLED BEFORE ADOPTION OF COMMON LAW. That in any case

where any land in the State of Texas was titled prior to the

adoption of the Common Law on March 20, 1840, and there has been

a judicial finding that the original grantee of said land

abandoned said land prior to the adoption of the Common Law, and

the State of Texas has at any time instituted suit for the

recovery of said land, resulting in a final judgment adverse to

the State of Texas whether on demurrer, exception, or a jury

finding of fact, it shall be conclusively presumed that those now

claiming said land under conveyance from, or judgment against,

the original grantee or his heirs, are vested with all title to

said land which was vested in said original grantee by virtue of

any patent or title from the sovereignty of the soil to him.

Acts 1933, 43rd Leg., p. 398, ch. 156.