Acquiring Public
Lands
Can I Still Get Hold of Public Lands?
According to the U. S. Bureau
of Land Management (BLM), the answer is yes.
The following information is made
available to all U.S. citizens by the United States Government. All
the information on this page is taken from public sources.
Lands identified as "excess" to the
public's and Government's needs or "more suited to private
ownership" are sometimes offered for sale. The following explains
basic procedures and where to go for more details.
First, it's important to understand that the United States
Government has two major categories of property which it makes
available for sale:
1. Real property and
2. Public lands.
Real Property most often describes
developed land with buildings, usually acquired by the Federal
Government for a specific purpose, such as a military base or office
building. If you're interested in real property, contact the
General Services Administration (GSA). This Federal agency is
responsible for selling developed surplus property.
Contact information for the 11 GSA regional offices can be
obtained by
clicking here.
GSA
auctions and sales are posted online by the Office for Property
Disposal. Click here to open
that page.
Public Land is undeveloped land with no improvements,
usually part of the original public domain established during the
western expansion of the United States. Most of this land is in the
11 Western States and Alaska, although some scattered parcels are in
the East. This land is the responsibility of the Department of
the Interior's Bureau of Land Management (BLM).
Note: Because of land entitlements to the
State of Alaska and to Alaska Natives, no public land sales will be
conducted in Alaska in the foreseeable future.
As a general rule the BLM doesn't offer much land for sale because
of a congressional mandate in 1976 to generally retain these lands
in public ownership. The BLM does, however, occasionally sell
parcels of land where land use planning finds disposal is
appropriate.
Here are answers to some of the most common questions. You may also
obtain more detailed information
from
one of the
BLM state offices.
(You can also
download
a PDF version of the directory listing here.)
Where are the public lands
made available?
The great majority of all
public lands available today are in the Western States of Alaska,
Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, and Wyoming. There are also small sections in
Alabama, Arkansas, Florida, Illinois, Kansas, Louisiana, Michigan,
Minnesota, Missouri, Mississippi, Nebraska, North Dakota, Ohio,
Oklahoma, South Dakota, Washington, and Wisconsin.
There are no public lands managed by the BLM in Connecticut,
Delaware, Georgia, Hawaii, Indiana, Iowa, Kentucky, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas,
Vermont, Virginia, and West Virginia.
Is any of this land available free to the
public for homesteading?
No. Congress has repealed the
Homestead Act.
What lands are still available?
Although homesteading is a thing
of the past, the BLM does have some lands suitable for purchase by
private citizens. These are lands that have been identified as
unneeded by the Federal Government or as better utilized in private
ownership. By law, these lands are made available for sale at no
less than fair market value.
How are these lands selected for sale?
The law states that the BLM can select
lands for sale if, through land use planning, they are found to meet
one of three criteria:
1) they are scattered, isolated tracts,
difficult or uneconomic to manage;
2) they were acquired for a specific
purpose and are no longer needed for that purpose; or
3) disposal of the land will serve
important public objectives, such as community expansion and
economic development.
What do the lands look like?
Land types vary widely. Some may
be desert; some are rural. Some are small parcels of just a few
acres, while others are several hundred acres in size.
Is any of the land suitable for farming?
Any lands with agricultural
potential will be clearly identified in the sale notice. However,
most public lands have little or no agricultural potential.
Is there an average of what would public
land might cost per acre?
There is no "average" cost. Each
parcel is evaluated separately through established appraisal
procedures, based on the value of surrounding parcels. Fair
market value is determined for each parcel. No parcel can be
sold for less than fair market value.
How is the land actually sold?
The BLM has three options for selling
land:
1)
modified competitive bidding where some preferences to adjoining
landowners are recognized,
2)
direct sale to one party where circumstances warrant, and
3)
competitive bidding at public auction.
The sale method is determined on a
case-by-case basis, depending on the circumstances of each
particular parcel or sale.
Are any preferences given for veterans?
At the present,
the BLM gives no preference to veterans for land purchases.
How can I find out about public land being
offered for sale?
Your best source is the BLM office
with jurisdiction over the area you're interested in.
The BLM
State Offices and their jurisdictions are
listed here. You may contact the
state or field office nearest you and get sale information. You can
also reach the U.S. government's
online version of BLM here.
Sale information will also be published and broadcast in local news
media.
GSA
auctions
are also listed online by the
Office of Property of Property Disposal.
Where are land sales held?
They are held near the area to
be sold, either at the local BLM office or in a suitable public
location. Sales by the BLM are not held in Washington, D.C.
Are there any restrictions on who can bid
on these parcels?
Federal law states that the BLM
can sell public land only to U.S. citizens or corporations
subject to Federal or State laws.
Must I appear in person to participate at
the sale?
Your personal appearance isn't
required, but it's always to your advantage to examine the parcel
and know exactly what you're bidding on. Sales can be conducted by
oral bid, sealed bid, or a combination of both. However, even if
only oral bidding is allowed, you can be represented by an agent.
Details on procedures for a particular sale are specified in the
sale notice available from the BLM. The notice will specify type of
sale, the percentage of the full price that must be deposited with
each bid, and the time period allowed for full payment. The highest
qualified bidder is eligible to buy the land; the deposits of
unsuccessful bidders are returned.
How is
payment made? Is any financing available?
A certain minimum percentage
of the full price is required with each bid. If you are the
successful high bidder, the balance must be paid in full to
the BLM within a set period of time before a deed can be issued.
Long-term financing must be arranged through private lenders.
Once the BLM issues my deed, can I do
anything I want with the land?
Yes, according to the terms of the deed
and subject to State or local restrictions. Restrictions are
clearly stated. Possible Federal reservations or conditions of sale
that might apply include reserving mineral rights to the
Federal Government, or allowing some currently authorized uses, such
as grazing, to continue for a certain period of time, or
reserving rights-of-way or easements for powerlines,
pipelines, etc.
You're advised to review all
conditions carefully so that you fully understand what your
deed does and doesn't include.
What about local taxes, zoning, etc.?
Once you receive title, the land
is subject to all applicable State and local taxes, zoning
ordinances, etc.
Are water, power, and sewer service
available on all parcels?
You should check with the city or
county involved to see if such services are available for the
property in question.
Are there roads or easements that guarantee
I can get to the property?
Not necessarily. The sale notice
will explain legal access to the property or any access
restrictions. You're advised to check out the parcel
before you buy, including finding out if available access meets your
needs.
I'd like to find out what parcels the BLM
currently has listed for sale. Where can I obtain that information?
The
BLM State Offices are your best
contact source. They can tell you what sales are currently
scheduled and what prospects are coming up. You can write, call, or
visit them periodically for latest details. If a sale is currently
scheduled, information can be requested from the BLM describing the
property and method of sale.
More detailed
information, such as land reports, environmental assessments, etc.,
is also available upon request from the U.S. Government Printing
Office for a small copy fee.
GOVERNMENT TAX
DELINQUENCY SALES
This can be a
great source of valuable land, made available for a fraction of the
real value of the property. If the land has been abandoned by
previous owners, you may be able to get ownership by paying back
taxes.
Some local governments sell
private land on which taxes have been delinquent to satisfy the tax
debt. The Federal Government has no involvement in these sales.
The best source for information is the local county tax assessor
in the area involved.
TIP:
Save some time by searching online.
Many states now provide an online
listing of county assessors, or at least a listing of all county
offices in that state. One way to quickly locate such online
listings is to do a web search (such as with
GOOGLE,
MSN Search,
YAHOO Search,
etc.) using wording that includes the name of the state, plus the
words: counties tax assessors.
Tip:
place quotes around the words that need to
"stay together" if your search results are not specific enough. You
can also place a plus sign
+ in front of words that are most
important, to be sure they don't get dropped from the results.
For example, when I type in the words:
georgia counties tax assessors (see graphic above), I get the
Georgia Department of Revenue's main page (http://www.etax.dor.ga.gov/ptd/index.shtml)
as listing #5 on the page of results. So I click on that listing.
When I then select the County Tax
Facts from the list on that page, I get the county
information ("County Ad Valorem Tax Facts" :
http://www.etax.dor.ga.gov/ptd/county/index.shtml) search page I
want for Georgia, where I can then select the county and go
from there.
Each state will have different ways of
listing their information. But at least you have an idea of how to
search and what to look for.
STATE LAND PROGRAMS
State governments sometimes sell
state-owned land. Information on these types of sales can be
obtained through the State Lands Office in the State capital.
BLM Offices
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