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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) At any time after the fifth day and before the 11th day after the filing date of an application to lease at a private sale and without an order setting the hearing time and place, the court shall:
(1) hear the application;
(2) inquire into the manner in which the proposed lease has been or will be made; and
(3) hear evidence for or against the application.
(b) If the court is satisfied that the lease has been or will be made for a fair and sufficient consideration and on fair terms and has been or will be properly made in conformity with law, the court shall enter an order authorizing the execution of the lease without the necessity of advertising, notice, or citation. The order must comply in all other respects with the requirements essential to the validity of mineral leases set out in Subchapter B 1 as if advertising or notice were required.
(c) An order that confirms a lease made at a private sale does not need to be issued. A lease made at a private sale is not valid until any increased or additional bond required by the court has been approved by the court and filed with the court clerk.
Cite this article: FindLaw.com - Texas Estates Code - EST § 1160.102. Action of Court if Public Advertising Not Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1160-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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