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Texas Laws | Property Code
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES

(2) "Well or mine services" includes: (2443)

(A) drilling, deepening, reworking, repairing, improving, testing, treating, perforating, acidizing, logging, conditioning, purchasing, gathering, storing, or transporting oil or natural gas, brine water, fresh water, produced water, condensate, petroleum products, or other liquid commodities, or otherwise rendering services in connection with a well drilled to produce or dispose of oil, gas, or other minerals or water; and (2444)

(B) designing, excavating, constructing, improving, or otherwise rendering services in connection with an oil, gas, or other mineral production platform or facility, mine shaft, drift, or other structure intended directly for use in exploring for or producing a mineral. (2445)

Added by Acts 1999, 76th Leg., ch. 805, Sec. 4, eff. Sept. 1, 1999. (2446)

CHAPTER 29. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON OWNER'S BEHALF (2447)(Text)

Sec. 29.001. APPLICATION OF CHAPTER. (2448)(Text)

This chapter applies only to real property that is not exempt from forced sale under the constitution or laws of this state and is: (2449)

(1) received by a person as a result of the death of another person: (2450)

(A) by inheritance; (2451)

(B) under a will; (2452)

(C) by a joint tenancy with a right of survivorship; or (2453)

(D) by any other survivorship agreement in which the interest of the decedent passes to a surviving beneficiary other than an agreement between spouses for community property with a right of survivorship; or (2454)

(2) owned in part by a nonprofit organization that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt organization under Section 501(c)(3), Internal Revenue Code of 1986, and its subsequent amendments, that: (2455)

(A) has been incorporated in this state for at least one year; (2456)

(B) has a corporate purpose to develop affordable housing that is stated in the articles of incorporation or charter; (2457)

(C) has at least one-fourth of its board of directors residing in the county in which the property is located; and (2458)

(D) engages primarily in the building, repair, rental, or sale of housing for low-income individuals or families. (2459)

Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001. (2460)

Sec. 29.002. PETITION FOR FORCED SALE. (2461)(Text)

(a) A person, including a nonprofit organization, that owns an undivided interest in real property to which this chapter applies may file in the district court in a county in which the property is located a petition for a court order to require another owner of an undivided interest in that property to sell the other owner's interest in the property to the person if: (2462)

(1) the person has paid the other owner's share of ad valorem taxes imposed on the property for any three years in a five-year period or, in the case of a nonprofit organization, has paid the other owner's share of ad valorem taxes imposed on the property for any two years in a three-year period; and (2463)

(2) the other owner has not reimbursed the person for more than half of the total amount paid by the person for the taxes on the owner's behalf. (2464)

(b) The petition must contain: (2465)

(1) a description of the property; (2466)

(2) the name of each known owner of the property; (2467)

(3) the interest held by each known owner of the property; (2468)

(4) the total amount paid by the petitioner for the defendant's share of ad valorem taxes imposed on the property; and (2469)

(5) if applicable, the amount paid by the defendant to the petitioner to reimburse the petitioner for paying the defendant's share of ad valorem taxes imposed on the property. (2470)

Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001. (2471)

Sec. 29.003. HEARING ON PETITION FOR FORCED SALE. (2472)(Text)

At a hearing on a petition filed under Section 29.002, the petitioner must prove by clear and convincing evidence that: (2473)

(1) the petitioner has paid the defendant's share of ad valorem taxes imposed on the property that is the subject of the petition for any three years in a five-year period or, in the case of a nonprofit organization, the petitioner has paid the defendant's share of ad valorem taxes imposed on the property that is the subject of the petition for any two years in a three-year period; (2474)

(2) before the date on which the petition was filed the petitioner made a demand that the defendant reimburse the petitioner for the amount of the defendant's share of ad valorem taxes imposed on the property paid by the petitioner; and (2475)

(3) the defendant has not reimbursed the petitioner more than half of the amount of money the petitioner paid on the defendant's behalf for the defendant's share of ad valorem taxes imposed on the property. (2476)

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