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CONCURRENT RESOLUTION
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WHEREAS, William James Stroman, Jr., individually and as the |
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independent executor of the estate of William James Stroman and |
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attorney-in-fact for Cleo Lane Stroman (collectively referred to as |
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"Stroman"), alleges that: |
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(1) the State of Texas, through the board of regents of |
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The University of Texas System ("the board"), owns university |
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blocks 23, 24, and 26 ("university lands") located in Pecos County, |
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Texas, and exercises sole and exclusive management and control of |
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the lands set aside and appropriated to or acquired by the permanent |
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university fund, which was created and is governed by Sections 10, |
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11, 15, and 18, Article VII, Texas Constitution; |
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(2) Stroman owns property adjoining the west line of |
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the university lands, referred to as the Stroman Ranch; |
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(3) during the year 2008, the board began removing a |
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fence located on or about the true boundary of the university lands |
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and began constructing a new fence west of the true boundary of the |
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university lands and entered the Stroman Ranch without consent and |
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staked a new fence line west of the true boundary of the university |
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lands; |
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(4) the board informed Stroman that it would be |
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constructing a new fence on the new staked fence line and stated |
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that the location of the new fence was based on a survey performed |
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by Frank F. Friend, the field notes of which were filed in the |
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General Land Office in 1939; |
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(5) the university lands were originally surveyed in |
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1879 by R. M. Thomson, and Friend later resurveyed the university |
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lands in 1936, purportedly under the authority of Section 66.41, |
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Education Code, which called for lands to be resurveyed when it was |
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impracticable to establish lines and corners as originally |
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surveyed; |
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(6) the Friend survey placed the western boundary of |
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the university lands west of the previously established line and |
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clearly on the Stroman Ranch; |
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(7) Stroman informed the board of the error in the |
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location of the western boundary line; however, the board did not |
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correct the error and stated that the board disputed Stroman's |
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claim of ownership; |
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(8) in an attempt to resolve the dispute, Stroman |
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hired J. Stan Piper, a licensed state land surveyor, to establish |
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the proper western boundary of the university lands, and Piper |
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located the correct boundary between the university lands and the |
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Stroman Ranch, based on the original 1879 R. M. Thomson survey and |
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field notes, as well as subsequent surveys; |
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(9) Piper's conclusive findings, including locations |
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of monuments from the original R. M. Thomson survey, establish the |
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true boundary between the university lands and the Stroman Ranch |
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and demonstrate that the Friend survey was unnecessary and did not |
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establish the proper boundary; and |
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(10) the board intends to complete the fence along the |
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incorrect boundary between the university lands and the Stroman |
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Ranch, thereby trespassing on Stroman's property and denying |
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Stroman access to the property; now, therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That |
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William James Stroman, Jr., individually and as the independent |
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executor of the estate of William James Stroman and |
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attorney-in-fact for Cleo Lane Stroman, is granted permission to |
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sue the State of Texas and the board of regents of The University of |
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Texas System subject to Chapter 107, Civil Practice and Remedies |
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Code; and, be it further |
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RESOLVED, That Stroman may not seek recovery of monetary |
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damages from the state, but seek a determination of the boundary of |
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Stroman's property and a determination of Stroman's rights through |
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a court order that: |
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(1) fixes and determines the true boundary between the |
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university lands and the Stroman Ranch; and |
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(2) declares that the true boundary between the |
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university lands and the Stroman Ranch is the line established by |
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the original 1879 R. M. Thomson survey and not the later Friend |
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survey; and, be it further |
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RESOLVED, That the suit authorized by this resolution may be |
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brought in Pecos or Travis County; and, be it further |
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RESOLVED, That the relief awarded in the suit authorized by |
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this resolution is limited to the relief authorized under Chapter |
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37, Civil Practice and Remedies Code, or Chapter 22, Property Code, |
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or both; and, be it further |
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RESOLVED, That the chairman of the board of regents of The |
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University of Texas System be served process as provided by Section |
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107.002(a)(3), Civil Practice and Remedies Code. |