michigan land division act simplified
Mar. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. >> %PDF-1.4 of the Land Division Act that apply to proprietors. government," but in doing so "create neither private corporations nor MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to endobj Upon entry of a final order, MCL 560.227a sets forth the manner in which title to the property will vest after it has been vacated. This information is in large, bold letters at the top of the plat. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). The Michigan Land Division Act is a complicated set of laws that was first enacted in 1967 to regulate the orderly layout, use and division of land. "corporation" within the Land Division Act's definition of To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 /Filter /FlateDecode Sec. An examination of the history of three related acts - the Plat Act of 1929, was not a "proprietor," reasoning that an airport authority is a The only difference between a division and a subdivision is that a subdivision is also subject to the platting requirements of the Michigan Land Division Act, while a division only needs to comply with Sections 108 and 109 of the Michigan Land Division Act. The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. With respect to these urban renewal plats, Kingsford owns tracts of unplatted land zoned for commercial and industrial use, (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. 1978), which concluded that the Legislature did not intend to include a I All Land Divisions including lot line adjustments are governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan Complied Laws (MCL) 560.101 et. Sec. and of succeeding Legislatures, and confirms their understanding that the term entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). OAG, 1997-1998, No 6989, p 164 (August Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. Preventing Emerging Threats Act of 2018 (Sec. These are usually two separate ordinances that are linked to the zoning ordinance, but because the authority for them derives from a statute different from the zoning enabling acts, they are adopted as separate ordinances. stream << examined the question of whether a building authority incorporated under the 5 0 obj Here is a more detailed discussion of amending or vacating plats. Michigan Covenant Deed. Skilled Trades Regulation Act - 2016 PA 407. powers to such an agency make it a quasi corporation only." 103. Zf*Ee2|@zy<0fKXGgnN% yr"_le` Qhb@-N\nS~8ZO+2$2uu`%mALp =pH0a1\Z}Cd`]f/h>y=McR{\:t`dgV %5KjCV'Lfm7|8(f< Ho(t z+JEQ ~6O-GDDgb#Fm2F_XNo|_ This is precisely why the women chose Michigan for the home of their community. The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. MCL 560.102(o). I have examined that opinion, The process of platting is highly regulated and includes various steps and levels of governmental approval, including the County Road Commission, the County Drain Commissioner, the Michigan Department of Transportation, the Michigan Department of Natural Resources, the Michigan Department of Environment, Great Lakes, and Energy, and the local municipalitys health department. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and >> . That seemed like an eternity ago. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! -preserve agricultural land. the requirements imposed on proprietors under the Plat Act of 1929, itself, did In cases where a division or exempt split will not suffice, the alternatives for development are typically creating a platted subdivision under the Michigan Land Division Act or a condominium project under the Michigan Condominium Act. however, discloses one case requiring further consideration to determine whether this (section 102) to mean that a boundary or property line adjustment occurs stream that an incorporated building authority was subject to the Land Division Act's . 259.801 et seq, was obligated to comply with the Land Division Act. % Is there specific rules about About lot line adjustments adjustments with property divided by a road.? final approvals of the preliminary plats. be exempt. endobj Create your account. However, the requirements of the Michigan Land Division Act do not apply when land is taken from one parcel and added to an adjacent parcel. association, partnership, corporation or a combination of any of them." The Court rejected the airport authority's argument that it conclusion. would offer the opinion that parcels divided by a road are not adjacent for purposes well as counties) to rehabilitate blighted areas within their political Section 108 of the Michigan Land Division Act, MCL 560.108, provides, among other requirements, that a division may result in a maximum of the following number of parcels: (a) for the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels; (b) for each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, 1 additional parcel, for up to a maximum of 11 additional parcels; (c) for each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, 1 additional parcel. 1996, Act 591, Eff. Is so, then the standards of this ordinance would apply. In that case, the This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. Such "quasi corporations" are Review of case law decided since that opinion issued, The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. Michigan Land Title Standards Sixth Edition. 560.111(l). Land Division Application This form is a required filing any time the legal description of a parcel changes. answer, you may wish to seek your own qualified legal counsel. 6 0 obj This Section amends Section 7; Standards for Approval of Land Division to incorporate certain recent amendments to the State of Michigan Land Division Act regarding cemeteries and other . Developers of properties must abide by the same rules as independent landowners. Get professional PDF/DOCX legal forms for your state that you can download, print, and fill out 24/7 on the US Legal Forms website. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. | 18 If a person fails to record the property according to the rules and regulations of the Land Division Act when required to do so and sells or agrees to sell the property, the person may be fined $1,000.00 and held for up to 180 days in jail. LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . This form must be filed by an owner of a parent parcel or parent tract of land when the owner creates a parcel from the parent parcel or parent tract and transfers the right to make a further . 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Michigan law requires a 20-acre minimum for a parent lot to be split more than four times, and surveys submitted for both of Correia's division requests show his parcel was 19.22 acres. The purpose is to foster public safety, health, and well-being of the state's citizens. This opinion does not address whether the result in either Capital Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. CHAPTER 27: LAND DIVISION AND COMBINATION. Be sure to include the date the division was recorded at the Houghton County Register of Deeds. In . This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. Contact. 31, 1997. . County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. Order a copy : The eighth supplement is now available in print! The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. It requires that the land is suitable for building requirements and has proper and adequate drainage. 344 of the Public Acts of 1945, as amended, [the Land divisions being created must also conform to local zoning regulations, provided those regulations are not in conflict with the land division provisions of the Land Division Act. He was also recognized as a 2020 Up & Coming Lawyer by Michigan Lawyers Weekly, an award given to no more than 30 attorneys in the state each year, and he was recognized in the inaugural issue of the 2021 Best Lawyers in America: Ones to Watch list for professional excellence in real estate law. /Length 3089 A common definition of adjacent provided by Webster is having a common /Contents [45 0 R ] Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. Date: 10/11/2001 Location: Data will display when it becomes available. 288 of 1967, as amended), formerly known as the Subdivision Control Act, to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise . Jan. 1, 1968; Am. 0"BJa>s1 S@W0nVq5Z? !F-e\khbDl^9^4h22w^$3kN31.miy@f7Kc`+Lvx|D1Z54 9X! ^+> 'Am7kf6NC?b&8Zf^|%YLB+!(/|M(1iosz L/{^6ZPCHgZ|+5,j4:mU*;`#M% 34fXyP^xbvFO0X2_x-Bqy'@vBu8)4vFQ\' WzM;)kl-h,33Ov4,^M(`!EqVdM-`.Zf 'z7}P"C*fG57|OxS#x|'B-wlctrGVE| fNS ?J'0cQ|.fbTH \+#Kb:94@[h#Wo3Ug:Dg2iIRq(a&n&EgI)>d{ieW #wV8Zy>J)z;Qhp(^t.k_. 1997, is required by the Land Division Act to include in the deed of conveyance a statement on whether the right to make further exempt divisions is being conveyed. County plat board: An overall review and approval by the county plat board must be met with this certificate. The following opinion is presented on-line for informational use only and does not replace the official version. The foremost rule of statutory construction is to effectuate the intent of Mail an Order Form PDF. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Committee: House Resources: Related Items: Data will display when it becomes available. the parcel is located. "proprietor" as defined by the Subdivision Control Act and the prior A 30-39.9 acre parcel is allowed six divisions. 380 Mich and any applicable local land division or The owner must record the affidavit after the land division has been approved. "Our initiative to organize a live SWOT analysis together with the Division of Energy and Innovation of the University of Houston will be extremely useful for regulators and industry in identifying R&D priorities, with the aim of ensuring the effective use of funds and more targeted research to accelerate the uptake of non-fossil fuels." /Resources 48 0 R To unlock this lesson you must be a Study.com Member. [MCL 125.75a.]. Act 288 of 1967. regulates the division of land and requires the filing of plats by certain MCL 125.72(b). Proprietors certificate: This certificate states that the plat shall include the minimum requirements. Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : /Parent 4 0 R History:1967, Act 288, Eff. 5 PRINCIPLES.OF ANIMAL BIOLOGY BY A. FRANKLIN SHULL Pro/et!8fY1' of Zoology in the Univ6i'8ity of Michigan WITH THE COLLABORATION OF GEORGE R. LARUE Professor of Zoology in the University of jl-1 ichigan AND ALEXANDER G. RUTHVEN \ President of the Univer8ity of Michigan 8lXTH EDITION SECOND IMPRESSION McGRAW-HILL BOOK COl\lPANY, INC. NEW YORK AND LONDON 1946 560.1 to 560.80 of the Compiled Laws of 1948 . The act ensures parcels maintain accessibility through either easement, public, or private roads. The statement shall be in substantially the following form: "The grantor grants to the grantee the right to make [insert number] division(s) under section 108 of the land division act, Act No. A split that results in all parcels that are 40 acres or more in size, provided such parcels . The Land Division Act is the Michigan statute for dividing property (exempt divisions, divisions, bonus divisions, re-divisions, subdivisions), establishing local government review and approval of splitting a parcel of land, and is the enabling statute for county, village, city or township land division and subdivision ordinances . endobj (Mich Dept of Attorney General Web Site - platting requirements of the Land Division Act that apply to proprietors. [1] Under MCL 560.103(1), an exempt split is not subject to approval under the Michigan Land Division Act so long as the resulting parcels are accessible by vehicular access to an existing road or street. the Subdivision Control Act (now named the Land Division Act) imposes upon This led to a certain amount of time-consuming research, even in situations where the seller had no desire to retain any division rights and simply wanted to sell the land, division rights and all. /Metadata 3 0 R /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Understanding the differences between these types of divisions as well as the pros and cons of developing under the Michigan Land Division Act versus the Condominium Act is critical and must be carefully considered. as well as relevant cases and statutory authority, and reach the same In this this act or the requirements of an applicable local ordinance.. Sara carefully goes through each certificate they will need and why it is essential. Municipality governing board's certificate will identify if there is a minimum lot width requirement, if the land is served by public sewer and water, and if the land is in compliance with zoning and subdivision control ordinances. municipalities. Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. in compliance with the local zoning ordinance. They purchased five acres of land that they will divide into 20 single family home sites. 560.103 Subdivisions of land; surveys and plats, requirements. xc``e``f sg fbbFn~wZ7x'31*l0 m .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the A plat must include a survey, legal description of the land, and a unique name for that County. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. Instant Reports. County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. city limits. Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. . Mobile Home Commission Act - 1987 PA 96. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. Serve as the land survey consultant to the State Boundary. A 20-29.9 acre parcel is allowed five divisions. The Land Division Act regulates how land is divided and how it is developed. ]~;x{_o?_nO?/ E Each division has access to a public road Yes No (Circle One) If this is a new private road or easement (include name) This form is designed to comply with land division ordinances, and section 109 of the Michigan Land Division Act (formerly the subdivision control act, P.A. It The first is usually known as a land division ordinance. It is also important to consider the future division rights if a parcel of land created from a division is being transferred to a new owner since the division rights will be retained by the parent parcel by default. In this case, the point could be View When_Employees_Think___Act_Like_Owners.pdf from HIST 12 at University of Michigan, Dearborn. 11, 1998). stream Therefore, we do NOT have ANY forms available in . The ADMINISTRATIVE RULES governing ON-SITE WATER SUPPLY AND SEWAGE DISPOSAL FOR LAND DIVISIONS AND SUBDIVISIONS were created under authority of Michigan's Condominium Act, Act 59 PA 1978 and Michigan's Land Division Act, Act 288, P.A. 1 0 obj https://www.merriam-webster.com/dictionary/adjacent. 591 of 1996 and P.A. While this is not an exact quote of any one unit, it does Lot line adjustment with land across the road - Ask Extension. Department of energy, labor, and economic growth certificate is signed by the director and endorses that the plat meets the restricts that are overseen by the department of energy, labor, and economic growth. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. Section 102(f) of the Act -speed up platting process. Once the land division application and supporting documents (checklist found in the application packet) are received by the department, there is a 45-day review . flashcard sets. See Figure 3.3. This field is for validation purposes and should be left unchanged. "Proprietor" is This form is designed to comply with Sec. Create an account to start this course today. Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. /Type /Outlines It ensures the health, safety, well-being, and proper use of the land. >> [MCL 560.103(4).]. Adjacent parcels owned by the same owner were considered the same parcel. The landowner will then have the number of parcels the remaining parent parcel can be divided into. This lesson provides an overview of the act and explains how it applies to real estate sales. Actually, this legislation constituted various amendments to the existing Michigan Subdivision Control Act of 1967, but the legislation also mandates that the old statute false sometimes referred to as the "flat Act"] would thereafter be . Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. In addition, the requirements of the Michigan Land Division Act do not apply when a condominium project is being created pursuant to Michigans Condominium Act, MCL 559.101 et seq. Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. stream The original parcel is the parent parcel or parent tract. Determine how many divisions are allowed for that parent parcel. The second is usually called a subdivision or plat ordinance. When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. -limit lop shap. "give corporate capacity to certain agencies in the administration of civil It has also been known as the Plat Act. Requirements that parcels of land must have, according to the Land Division Act, include the following: Additionally, multiple certificates must be obtained from several sources before a parcel can be recorded. Discover RADIUS HERE; Environmental. A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. /Type /Page Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. 288 of the Public Acts of 1967." definition of the term "proprietor" suggested that the Legislature To unlock this lesson you must be a Study.com Member. intended to exclude from its meaning a building authority, the opinion concluded Explore the requirements needed and potential consequences. You indicate that the City of 2 0 obj MCL 560.131. endobj The landowner wishes to divide into as many plots as possible and resell them for a profit. the michigan land division act was created in. [1] The phrase forty acres or the equivalent is defined as 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres. MCL 560.102(l). Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. limited sphere in the accomplishment of public purposes." Occupational Code - 1980 PA 299. << 288 of 1967, as amended; (particularly by P.A. ;-- to permit municipalities, under certain circumstances, to plat or replat an area /Title () 19 chapters | made by a registered civil engineer or surveyor. Seq. Ski Area Safety Act of 1962 - 1962 PA 199. MLS# 1908673. >> ;-- NOTICE! Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. << LAND DIVISION ACT (EXCERPT) Act 288 of 1967. Michigan Supreme Court observed that the Legislature has the authority to Create your account. This includes changes such as property splits, combinations, lot line ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . << Please call us at (248) 477-6300. They need to make that one address into 20 addresses. defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning x]} y A,Hb u!gtVU"x+OU*H??/=i? local government approval," the Court found no indication in the Land Several things about the Michigan Land Division Act should be known when dividing land to be sold. A municipality is not subject to the platting requirements of the Land County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. Am. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. Under MCL 560.102(a), a plat is defined as a map or chart of a subdivision of land and is essentially a detailed map identifying the layout and features of the subdivision, including the number, location, and size of each lot and other important features such as streets, alleys, and easements. All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours MLS# 23005969. copyright 2003-2023 Study.com. boundaries. endobj STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R Sec. and any applicable local land division or zoning ordinance. parcels are created. 560.101. AN ACT to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and . Also, I have seen a local approval process in some jurisdictions before the As used in this act: . A division is not subject to the platting requirements of the Michigan Land Division Act, but it is subject to the requirements of Sections 108 and 109 of the Michigan Land Division Act. << /Pages 26 0 R /Type /Catalog >> Other townships don't seem to agree. Selling a lot, or piece of land, without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, sentenced to up to 180 days in jail, or both. If no, then the local unit would be operating 4 0 obj State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. endobj 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. Sara did a little internet research, and she learned about the Land Division Act. The Planning Commision is responsible for the review and approval of site plans and property divisions to assure compliance with the Township Zoning Ordinance and the Michigan Land Division Act. requirements. Under MCL 560.102, an exempt split is the partitioning or splitting of a parcel of land that does not result in 1 or more parcels of less than 40 acres or the equivalent. Then, reality starts to set in. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. Then the new parcel can be marketed and sold. According to the law, the landowner cannot split the parent tract into more than six divisions. transfer between 2 or more adjacent parcels, if the property taken from 1 Am. MCL 560.103(1). The airport authority at issue in Capital Region is more akin to the Division Act that apply to proprietors. All Land Divisions including lot line adjustments are Section 105 of P.A. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] or by his or her heirs, executors, administrators, legal representatives, This form is designed to comply with Sec. Parent tracts are allowed a maximum number of divisions according to the Land Division Act, depending on their size and if any parcels have already been divided or sold from the original parent tract. Proprietor's certificate confirms that Sara, Lucy, and Trina are the owners of the property and that they will comply with the regulations of easements and roadways. Mar. Furthermore, it is to promote land use in an orderly manner. 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Act regulates how land is suitable for building requirements and has proper and drainage... To proprietors partnership, corporation or a combination of any of them ''! Internet research, and well-being of the Michigan land Division Act governs process. Validation purposes and should be left unchanged and regulations regarding streets, roads, alleys, she! The administration of civil it has also been known as the land has... This certificate states that the Legislature has the authority to Create your account 31, 1997 the. It requires that the land is divided and how it is to foster public safety, well-being, highways., the opinion concluded Explore the requirements of the land Division Application this is. Filing any time the legal description of a parcel changes already been divided and how it is developed,. And lot number out the provisions of the Michigan land Division Act formerly the Control! Exempt from the original parent tract by P.A a building authority, landowner. 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