Department of Finance, Division of State Lands

Agency History

The formal administration of state public lands began in 1858 with the creation of the State Land Office for the purpose of "ascertaining, protecting, and managing the title and claim of the state to any lands within its limits, derived by grants from the United States, or in any other manner." The Surveyor General, a statewide elected official whose Office was established by the 1849 California Constitution, served as ex officio Register of the State Land Office (Chapter 176, Statutes 1858).

Between 1850 and 1862, the State of California acquired interest in nearly 9 million acres of land from the federal public domain within its boundaries for various salutary purposes, including reclamation and the funding of public education. Grants from which California received public lands were as follows:

500,000 acres for the purpose of internal improvements. An Act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights. September 4, 1841. 5 Stat. 453.

Swamp and Overflowed Lands. An Act to enable the state of Arkansas and other States to reclaim the "Swamp Lands" within their limits. September 28, 1850. 9 Stat. 519.

Sections sixteen and thirty-six of each township for school purposes; seventy-two sections for a seminary of learning (university); ten sections for the erection of public buildings. An Act to provide for the Survey of the Public Lands in California, the granting of Preemption Rights therein, and for other purposes. March 3, 1853. 10 Stat. 244.

150,000 acres for an Agricultural College. An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and Mechanic Arts. July 2, 1862. 12 Stat. 503.

In addition to public lands from the Congressional grants, California acquired ownership upon statehood of all sovereign lands. Sovereign lands are those underlying the navigable and tidal waterways within the state.

Prior to the creation of the State Land Office, many different federal, state, and local offices and officials had been responsible for activities related to the disposal of State public lands. This uncoordinated effort added to the problems caused by both pre-emption and the State's attempts to sell public lands before the U.S. public land survey was conducted. In addition, California's first Surveyors General, who were charged with maintaining an estimate of the aggregate quantity of land belonging to the State and the characteristics of those lands, were frustrated by the lack of information from officials, especially County Surveyors, regarding surveys, locations, and sales of lands. In his 1857 annual report to the Governor, Surveyor General Brewster echoed his predecessors' concerns regarding the lack of centralization for State lands activities. "The settler is far ahead of the state in every section, and lands which should properly be sold by the state for the benefit of her treasury, are constantly being purchased from the United States. The principal cause of these difficulties and losses is to be found in the want of a central office in which could be collected all the information necessary to an establishment of the state's rights, and in which should be placed the authority to survey, select, register, and patent all lands sold by the authority of the state." The Legislature responded by creating the State Land Office and making the Surveyor General of California ex officio Register of the State Land Office.

As Register, the Surveyor General's duties included: communicating with the United States Surveyor General in matters concerning the U.S. Survey going on within the state, especially the demarcation of swamp and overflowed lands; approving surveys made by county surveyors; ascertaining the extent, limits, and boundaries of all lands to which the State is or may be entitled, and having the title vested in the state; keeping records, including land descriptions, of facts concerning survey, location, and sale of lands, and the issuing of patents for all classes of land to which the State may be entitled; issuing certificates of purchase; issuing Register's Certificates; and receiving various documents from other officials concerning public lands disposal.

By the mid-1860s, California had sold much of the public land it was entitled to, though the state had not yet received title from the federal government for even one acre of land. Two Surveyors General traveled to Washington at their own expense, determined to settle with the Commissioner of the federal General Land Office over the issue of land titles. In 1866, An Act to quiet Land Titles in California (14 Stat. 218) finally confirmed to the State the lands that it had sold to individual purchasers as State public lands.

Throughout the life of the agency, and especially during the 1860s and 1870s, various State laws were passed in a continuing effort to alleviate problems that plagued the public lands disposal process. Much of this legislation affected the documentation process of surveys and land sales, forcing the State Land Office to make adjustments in its administrative tasks.

Chapter 516, Statutes 1929 abolished the State Land Office and the Office of Surveyor General, transferring all duties, powers, purposes, responsibilities and jurisdictions to the newly-created Division of State Lands within the Department of Finance. The Chief of the Division, appointed by the Director of Finance, served as ex officio Register of State Lands.

In 1938, the State Lands Commission became successor agency to the Division of State Lands (Chapter 5, Statutes 1938, first extra session). The Commission continues to serve as the administrative agency for state public lands. Members include the Lieutenant Governor, the State Controller, and the State Director of Finance. The Commission's authority and duties are defined in the California Public Resources Code, sections 6101-6111.

Surveyors General of California:

From the guide to the State Land Office Records, 1852-1932, (California State Archives)