Research


Administrative History

The Commissioners of the Land Office had oversight over the granting or selling of State lands, from 1786 to 1960. Prior to the creation of OGS by virtue of the laws of 1960 chapter 459, transfers of jurisdiction were done by resolution of the Land Board/Office and can be found in the minutes of the Land Board/Office. These records may be found in both uplands and lands under water files.

The OGS commissioner has the authority to sell, lease, grant permits and easements for the use of State lands or structures to non-State agency entities under the Public Lands Law Article 2, Section 3, Subdivision 4. OGS has the authority to dispose of State real property by transferring it to non-state entities, including local governments, public authorities, private individuals, corporations, and other entities, through five types of transactions. These transactions include grants (legal transfer of land by letters patent or by deed); easements (right or privilege granted by the commissioner of OGS to use a defined area of State lands for a prescribed purpose and time); leases (for set time limits to owner of adjacent upland, or, with consent of owner of adjacent upland, to others); permits (agreements granting temporary occupancy or use of lands or structures, usually with revocable privileges); and licenses (usually for longer terms and are used primarily with marina and sand and gravel removal applications).

The general procedure for selling or granting State lands involves several steps. The unappropriated State lands need to be declared abandoned. The OGS commissioner may order a survey and map of the unappropriated lands to be sold. The lands are first offered to other state agencies or local governments prior to offering for public sale. The real property is appraised and a minimum bid is set. A legal notice of the sale is placed in a local newspaper where the lands for sale are located. The property is offered for sale to the public through either an open or a sealed bid auction usually at the county seat in which the lands are situated. The purchaser presents a certificate of sale and receipt of payment to the OGS commissioner for the purchase price in whole. Once satisfied, the purchaser's bond is cancelled, and a letters patent is issued. If the purchaser fails to satisfy the purchase-money bond, the OGS commissioner may direct the State Comptroller to sue against the bond or the commissioner may decide to sell the land.

The transaction process for easements, licenses, permits and leases is generally the same as the sale of State land with the exception of a lack of public notification.