Legal Question in Real Estate Law in California

Re: Homesteading

I believe Alaska was the last place you could obtain land by homesteading under the Homestead Act of 1862, as amended. I also believe that Alaska was closed to homesteading prior to 1996.

I have a vague recollection that the BLM does occasionally sell land, and that there is an application process. They also engage in land swaps when they are trying to assemble a large parcel. This information is not widely publicized; I think the nuts-and-bolts procedures are spelled out in the Code of Federal Regulations, probably in Part 43, which contains regulations respecting public lands.

Mining claims are also covered in 43 CFR at section 3830, et seq. This link might be helpful:

http://www.access.gpo.gov/nara/cfr/waisidx_03/43cfr3830_03.html

Keep in mind that obtaining and retaining a mining claim requires that the claimant make some expenditures on development work. There has been a lot of abuse of mining claims (such as claiming it for purposes other than bona fide mine purposes) and the regulations have been tightened to try to eliminate such abuses. There is probably also a requirement to post a bond to assure reclamation after the mining work is over.

On the general topic of finding cheap or free land, I suggest making a visit to the area of the country that interests you, visiting the local BLM office, asking the county treasurer or tax collector about tax foreclosure sales, talking to local real estate brokers, or even running an ad in the local paper.

I've noticed that a large number of cheap tracts of land in undeveloped areas come up for auction sale on eBay.