Real estate
How to Buy Government Surplus Land and Lots
How to buy government surplus land and lots: where states, counties and land banks sell parcels, sealed bids vs. fixed prices, and access checks.
Updated September 8, 2026 · 7 minute read
Quick answer
Government surplus land is sold by state departments of transportation, state land offices, counties, cities, land banks and federal agencies when a parcel is no longer needed or was taken for unpaid taxes. Sales run as sealed bids, auctions, fixed-price listings, or applications with conditions. The bargains are real but so are the defects: odd shapes, no legal access, retained easements and use restrictions, so verify the parcel on the ground and on paper before bidding.
Where surplus land comes from
Governments accumulate land they do not need. Highway departments buy more right-of-way than a project uses and later declare the remnants excess. Counties and cities end up with lots struck off at tax sales that no one bought. Land banks acquire abandoned parcels to return them to use. States hold trust land that they lease or sell for school funding. Federal agencies dispose of parcels under their own statutes. Each seller has a different procedure, but all of them publish the offering and sell to the public.
GovAuctionAlerts indexes land offerings from these sellers in the real estate directory. State surplus programs in California, Michigan and Washington, land banks in Ohio, Michigan, New York and Georgia, and county struck-off inventories in Texas all appear there with links to the official seller. The sources directory lists each program.
| Seller | What is offered | Sale method | Common strings attached |
|---|---|---|---|
| State DOT excess right-of-way | Remnant strips, corner parcels, former highway parcels | Sealed bid or auction with appraisal-based minimum; adjacent owners may get first refusal | Access restrictions, retained drainage or utility easements, no direct highway access |
| State land office or trust lands | Rural acreage, timber or grazing land, mineral rights | Public auction or sealed bid; leases for some uses | Retained mineral rights, grazing leases, access across other land |
| County struck-off tax parcels | Vacant lots and small tracts unsold at tax sale | Over-the-counter fixed price, periodic resale auction, or sealed bid | Tax-deed title, possible surviving municipal liens |
| City-owned lots | Vacant infill lots in older neighborhoods | Fixed price, side-lot programs, RFP for development | Build or maintain within a set time, owner-occupancy, reversion |
| Land banks | Tax-foreclosed lots and structures | Application at a posted price, sometimes auction | Development plan, timeline, clawbacks, no flipping |
| Federal agencies (GSA, BLM, USDA) | Former facilities, isolated public-land parcels, farmland | Online auction or sealed bid | Environmental disclosures, deed restrictions, notice periods |
Sealed bid, auction, fixed price, or application
The sale method changes your strategy. A sealed bid is a single shot: you submit one number with a deposit and learn the outcome at the opening, so bid what the parcel is worth to you rather than a fraction of the minimum. An auction lets you react to competition, but set a ceiling first. A fixed-price or over-the-counter sale rewards speed and eligibility rather than price; the first qualified buyer wins. An application-based sale (typical of land banks and city lot programs) is a written proposal judged on your plan, your ability to complete it, and sometimes your address, with price a secondary factor.
- Sealed bid: check whether the agency may reject all bids, negotiate with the high bidder, or offer the parcel to an adjoining owner at the high price.
- Auction: confirm the deposit, the buyer premium if a contractor runs it, and whether the minimum is a reserve.
- Fixed price: confirm the eligibility rules, the application window, and whether taxes owed are added to the price.
- Application: read the scoring criteria and the deed conditions before you write a proposal.
Verify the parcel on paper
Surplus land is where the phrase “the parcel is what you are buying” matters most. Many offerings are unusable to anyone but a neighbor, and the price reflects that.
- Match the parcel number and legal description in the notice to the assessor map. Confirm the shape and dimensions.
- Confirm legal access: recorded road frontage or a recorded easement. A landlocked parcel may be worth only what the neighbor will pay.
- Check zoning, minimum lot size, setbacks, and whether the parcel is buildable on its own or only when combined with a neighbor.
- Pull flood-zone, wetlands, floodway, and slope data. Drainage strips and floodway land rarely support building.
- Search recorded easements, covenants, and rights the seller retains (utilities, drainage, mineral rights, reverter clauses).
- Check for environmental history: former gas stations, rail corridors, and industrial parcels need specialist review.
- Ask whether utilities reach the lot line and what connection fees the city charges.
- Confirm which liens, assessments, and back taxes survive the sale.
Verify the parcel on the ground
Visit before you bid, from public roads or with permission. Look for the stakes or monuments, encroachments from neighbors (fences, driveways, sheds), dumping, standing water, steep grades, and the actual condition of the road. A survey is the only reliable way to know where the lines are; for anything you plan to build on, price a boundary survey into the purchase. For a remnant strip you intend to add to your own lot, the survey may cost more than the land, and that can be fine.
What surplus land costs beyond the price
Cheap land is rarely cheap to own. Build the whole number before you bid.
| Cost | Typical pattern | Notes |
|---|---|---|
| Deposit | Flat amount or 5–10% of the bid with a sealed bid or at registration | Applied to the price for the winner; refunded to others |
| Buyer premium | None at most agency-run sales; a percentage where a contractor conducts the auction | Stated in the notice or platform terms |
| Closing and recording | Recording fee, transfer or documentary tax, deed preparation | Some agencies charge an administrative or processing fee |
| Survey | Boundary survey priced by parcel size and terrain | Essential before building or fencing |
| Title work | Title search or quiet-title action for tax-derived parcels | Insurers may require curative work on tax deeds |
| Carrying costs | Property taxes, liability insurance, mowing or maintenance ordinances | Cities fine owners of unmaintained lots |
| Development | Utility connections, driveway permits, impact fees, site work | Often exceed the land price on infill lots |
Land banks and city lot programs
Land banks are the friendliest sellers for a buyer who wants to use the land. Many post an inventory with a price, accept applications online, and sell side lots to adjacent homeowners for nominal amounts. The trade is conditions: build or renovate within a set period, keep the lot maintained, owner-occupy for several years, or forfeit the parcel back. Investors who want to hold and flip are usually screened out. Read the purchase agreement’s performance and reversion clauses before applying, and remember that a land-bank deed derived from a tax foreclosure may still need title work for financing.
State DOT and public-agency excess parcels
Transportation departments and utilities sell remnants that often abut a highway or rail corridor. They commonly offer the parcel first to adjoining owners, then to the public by sealed bid at or above an appraised minimum, and they routinely retain drainage, slope, and utility easements and deny direct access to the highway. These parcels are ideal for the neighbor who wants a larger yard or a buffer, and difficult for anyone else. Confirm access and easements before spending on an appraisal or survey.
For rural acreage from state land offices and trust-land programs, expect auctions with an appraised minimum, retained mineral rights in many states, and existing grazing or agricultural leases that carry over. See the real estate sale types guide for how those deeds compare with tax and sheriff deeds, and the fees guide for the deposit and premium mechanics.
A quick decision framework
Before bidding on any surplus parcel, answer four questions in writing.
- What can this parcel legally be used for on its own?
- Who else would want it, and what would they pay?
- What will it cost to own for three years if nothing happens?
- What conditions or retained rights does the seller keep, and can I live with them?
Frequently asked questions
Can anyone buy government surplus land?
Most sales are open to the public, but adjoining owners sometimes get a first right, land banks screen applicants, and some agencies exclude their own employees or delinquent taxpayers. The notice states the rules.
Why is surplus land so cheap?
Many parcels are remnants, landlocked, unbuildable, subject to easements, or carry tax-deed title issues. The price reflects limited use. A cheap lot that only a neighbor can use is priced correctly, not underpriced.
Do I get a warranty deed?
Rarely. Agencies commonly convey by quitclaim, special warranty, or tax deed with no warranty of title. Plan for title work if you intend to finance or resell.
Can I build on a surplus lot?
Only if zoning, minimum lot size, setbacks, access, flood status, and utilities allow it. Verify each with the city or county before bidding; many remnant parcels are not buildable on their own.
What is a sealed-bid land sale?
You submit one written offer with a deposit by a deadline; bids are opened together and the highest responsive bid usually wins, subject to the agency’s right to reject all bids. Bid what the parcel is worth to you.
Do land banks sell to investors?
Sometimes, but most prioritize owner-occupants, neighbors, and developers with a plan, and attach build, maintenance, or occupancy conditions with clawbacks. Read the program rules before applying.
Put the checklist to work
Search current public listings, then verify the live record and terms with the official seller.