(a) When determining whether a person is a good-faith claimant, the commissioner may take into account whether, under the facts and circumstances presented, the person should have conducted a title investigation before or after taking possession of the land. The commissioner will also consider whether public records delineated or disclosed the existence of the vacant land prior to the person's use, occupation or possession of the land.
(b) Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant.
(c) A declaration of good-faith claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land under terms and conditions set by the board as provided by §51.194 of the Texas Natural Resources Code. It confers no other rights.

Source Note: The provisions of this §13.58 adopted to be effective February 22, 2011, 36 TexReg 1154