Relief against forfeiture under s 114 a

The procedure for collecting the costs is the procedure established under Subsections a and cArticle Effect of registration with provisional title Subject to this Act, the registration of any person as the proprietor of a piece of private land with a provisional title shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of that proprietor arising before the date of such registration, or under such instrument or in such other manner as is specified in the register of that piece, but save as aforesaid, such registration shall have the same effect as the registration of a person without such qualification.

Certified copies of the audit shall be delivered by the law enforcement agency or attorney representing the state to the attorney general not later than the 60th day after the date on which the annual period that is the subject of the audit ends.

Subsequent dealings 1 No land, lease or charge shall be capable of being disposed of except in accordance with this Act and the Local Land Boards Act and every attempt to dispose of such land, lease or charge otherwise than in accordance with such Acts shall be ineffectual to create, extinguish, transfer, vary or affect any right or interest in the land, lease or charge.

Future leases 1 A lease may be made for a period to commence on a future date, not being later than twenty-one years from the date on which the lease is executed, but shall be of no effect unless it is registered. Acts84th Leg.

criminal forfeiture statute

Power to compel registration 1 If he is satisfied that any person, through his wilful default, has failed to register any instrument which is registrable under this Act, the Registrar may by notice in writing order such person to present such instrument for registration, and thereupon the registration fee and any additional fee payable under section 33 shall become due and shall be payable whether the instrument is presented for registration or not.

If a local agreement has not been executed, the property shall be sold on the 75th day after the date of the final judgment of forfeiture at public auction under the direction of the county sheriff, after notice of public auction as provided by law for other sheriff's sales.

The sale must be conducted in a manner that is reasonably expected to result in receiving the fair market value for the property.

28 cfr parts 8 and 9

A commissioners court or governing body of a municipality may not use the existence of an award to offset or decrease total salaries, expenses, and allowances that the agency or the attorney receives from the commissioners court or governing body at or after the time the proceeds are awarded. A peace officer, including the peace officer who seizes the property, may not request, require, or in any manner induce any person, including a person who asserts an interest in or right to the property, to execute a document purporting to waive the person's interest in or rights to property seized under this chapter. Amended by: Acts , 81st Leg. Evidence 1 A certified copy of the register or part of the registry map or any plan or instrument filed in the registry shall be admissible in evidence in all actions and matters and between all persons or parties, to the same extent as the original, and a signature on any such certified copy purporting to be the signature of the Registrar shall be presumed to be the signature of the Registrar until the contrary is proved. The law enforcement agency shall administer the separate special fund. Division 2—The Land Register [Chs10] Division 2—Leases [Chs38] If the owner or interest holder does not answer or appear after the notice has been so posted, the court shall enter a judgment by default as to the owner or interest holder, provided that the attorney representing the state files a written motion supported by affidavit setting forth the attempted service. The agency receiving the forfeited property may purchase the interest of an interest holder so that the property can be released for use by the agency. Power to compel registration 1 If he is satisfied that any person, through his wilful default, has failed to register any instrument which is registrable under this Act, the Registrar may by notice in writing order such person to present such instrument for registration, and thereupon the registration fee and any additional fee payable under section 33 shall become due and shall be payable whether the instrument is presented for registration or not. Amended by: Acts , 79th Leg. On receiving the affidavit, the attorney representing the state may file for a judgment in the amount of the proceeds in a district court in: 1 the county in which the proceeds were gained; 2 the county in which any owner or possessor of the property was prosecuted for an underlying offense for which the property is subject to forfeiture; 3 the county in which venue existed for prosecution of an underlying offense for which the property is subject to forfeiture; 4 the county in which the proceeds were seized; or 5 Travis County. Subsequent dealings 1 No land, lease or charge shall be capable of being disposed of except in accordance with this Act and the Local Land Boards Act and every attempt to dispose of such land, lease or charge otherwise than in accordance with such Acts shall be ineffectual to create, extinguish, transfer, vary or affect any right or interest in the land, lease or charge. If property is subject to forfeiture under this chapter and under any other law of this state, the attorney representing the state may bring forfeiture proceedings under either law. Compilation of Land Register 32 of 1 Whenever an Allocation Record has become final under section 27 of the Customary Land Development Act and the Allocation Officer has delivered the Allocation Record to the Land Registrar or Assistant Land Registrar in charge of the registration district concerned, such Land Registrar or Assistant Land Registrar shall prepare a register for each piece of intended private land, intended public land and recorded customary land shown in the Allocation Record and for any lease which requires registration and shall register therein any of the particulars in the Allocation Record which require registration.

Amended by Acts76th Leg. Acts79th Leg. Reconciliation with other laws Except as otherwise provided in this Act, no other written law and no practice or procedure relating to land shall apply to land registered under this Act so far as it is inconsistent with this Act: Provided that, except where a contrary intention appears, nothing contained in this Act shall be construed as permitting any dealing which is forbidden by the express provisions of any other written law or as overriding any provision of any other written law requiring the consent or approval of any authority to any dealing.

Manner of registration 1 The first registration of any piece shall be effected by the preparation of a register or registers in accordance with section 10 and the signing by the Registrar of the particulars of the proprietorship and the particulars of incumbrances, if any appearing thereon.

Innocent owner defense civil forfeiture

Acts , 82nd Leg. At the conclusion of the audit, the comptroller shall forward a copy of the audit to the attorney general. Effect of registration with provisional title Subject to this Act, the registration of any person as the proprietor of a piece of private land with a provisional title shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of that proprietor arising before the date of such registration, or under such instrument or in such other manner as is specified in the register of that piece, but save as aforesaid, such registration shall have the same effect as the registration of a person without such qualification. Leases Subject to this Act and any other written law, the proprietor of land may lease the land or part of it to any person for a definite period or for a period which though indefinite may be terminated by the lessor or the lessee, and subject to such conditions as he may think fit: Provided that, if only part is leased, the lease shall be accompanied by a plan or other description which the Registrar, in his absolute discretion, deems adequate to identify the part leased. The attorney representing the state must attach to the notice the peace officer's sworn statement under Article Reenacted and amended by Acts , 82nd Leg. For purposes of this article, the highest fair market value may be calculated at any time during the period in which the applicable person owned, possessed, or had an interest in the contraband. If the citation issued to such address is returned unserved, the attorney representing the state shall cause a copy of the notice of the seizure and intended forfeiture to be posted at the courthouse door, to remain there for a period of not less than 30 days. Fixed boundaries 1 If the Registrar in his discretion considers it desirable to indicate on a filed plan, or otherwise to define in the register, the precise position of the boundaries of a piece or any parts thereof, or if any interested person makes application to the Registrar, the Registrar shall give notice to the owners and occupiers of the land adjoining the boundaries in question of the intention to ascertain and fix the boundaries. Evidence 1 A certified copy of the register or part of the registry map or any plan or instrument filed in the registry shall be admissible in evidence in all actions and matters and between all persons or parties, to the same extent as the original, and a signature on any such certified copy purporting to be the signature of the Registrar shall be presumed to be the signature of the Registrar until the contrary is proved. A peace officer, including the peace officer who seizes the property, may not request, require, or in any manner induce any person, including a person who asserts an interest in or right to the property, to execute a document purporting to waive the person's interest in or rights to property seized under this chapter. Appointment of officers 1 There shall be appointed a Chief Land Registrar, who shall be responsible for administering the land registries in accordance with this Act. The budget must be detailed and clearly list and define the categories of expenditures, but may not list details that would endanger the security of an investigation or prosecution. The comptroller shall deposit the proceeds in the state treasury to the credit of the general revenue fund.
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