Of a similar nature to vacancies is excess land—acreage within a tract in excess of what was granted to the first claimant. These were usually created by inadequate surveying equipment and hardships under which surveyors worked during the early years of Texas. For example, a tract of land when first surveyed might have measured 160 acres. Today, with more precise surveying equipment and methods, the tract might survey out to be 180 acres. The difference between the two—20 acres—is excess acreage. It has been estimated that about one per cent of the total area of the state, or about 1,750,000 acres, was at one time excess land.
Owners of property containing excess land were also covered by the June 19, 1939, law mentioned above. These owners, and property holders occupying vacancies, were allowed by the 1939 law to pay a reasonable price for the land and receive a clear title to the property.
As examples of money coming into the Permanent School Fund from these sources, excesses have put about $2,000,000 into the fund since the 1939 law was enacted, and vacancies have brought the fund about half a million dollars.
In conclusion, it will be of interest to note that lands now belonging to the Permanent School Fund are channels, lakes, bays, and other areas within tidewater limits including part of the Gulf of Mexico. In addition, vacant lands and 900,000 acres of surveyed uplands belong to the Permanent School Fund. All minerals within the remaining public domain have, therefore, been dedicated to this school fund.
County Schools
The general education act of January 26, 1839, which gave The University of Texas 50 leagues of land, also made provision for local schools throughout Texas. This act granted each county in the then-Republic three leagues for school purposes. An Act of March 13, 1875, increased each county’s grant to four leagues. All but 18 of the state’s present 254 counties received this land, and most of them sold it, receiving small sums. Some counties retained their land, and many have had oil discovered on their property. Each county set up its own permanent school fund into which goes money from sale of county lands or money from mineral leases. Most counties that did not sell their land today have permanent funds of several hundred thousand dollars.
These county lands are under the control of each county commissioners court, and are not supervised by the General Land Office.
Eleemosynary Institutions
An endowment for these institutions was created by the Legislature with an Act of August 30, 1856. By this act more than 100,000 acres were given to each of these institutions: State Insane Asylum, Institute for the Blind, Institute for the Deaf and Dumb, and the State Orphan Home. When this land was surveyed, it was found to contain about 410,600 acres. Under various sales acts from 1881 through 1897, this land was sold mostly to settlers who improved it. Price of this property was from $1 to $2.50 per acre. Most of the land was suitable for farming.