Title and Purpose The purpose of this Chapter is to carry out the provisions of the Michigan Land Division Act (Public Act 288 of 1967, as amended, formerly known as the Subdivision Control Act), (the "Act"), to prevent the creation of parcels of property which do not comply with applicable Chapters See Figure 3.3. ownership interest in land whether recorded or not. I feel like its a lifeline. %1!CI82nllDMF _Pxdo8 LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . parcel is added to an adjacent parcel; and any resulting parcel shall not be Region or OAG 6989 would have been different had this case been examined. all resulting parcels are larger than 40 acres. June 27, 1991 Seq. Building Authorities Act was exempt from the requirements of the Land Division The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. 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Examples of Michigan Land Division Act in a sentence. Mail an Order Form PDF. /Parent 4 0 R ]~;x{_o?_nO?/ E Act. zoning ordinance. 288 of 1967 as amended by P.A. year, or of building development that results in 1 or more parcels of less The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit (PDF). A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. intended to exclude from its meaning a building authority, the opinion concluded Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. MIKE COX /Title () Under the current Michigan Land Division Act, a property owner is not permitted to split or divide their land without complying with the requirements of the Act. 19 chapters | According to the law, the landowner cannot split the parent tract into more than six divisions. /Count 140 prior Plat Act. [MCL 560.103(4).]. 591 of 1996) MCL 560.101 et. partnership, corporation, or combination of any of them that holds an /CreationDate (D:20230216211348) MCL 560.221 provides that a circuit court may . municipal corporations." Brad Neumann, Michigan State University Extension - March 24, 2020. It must not have any unpaid taxes or assessment fees for the last five years. The purpose of the Land Division Act is to foster the health, safety, and well-being of the public and to ensure proper use of the land. The purpose is to foster public safety, health, and well-being of the state's citizens. Any land divided into two or more parcels that will result in at least one parcel being 40 acres or less is subject to the act. They need to make that one address into 20 addresses. A municipality is not subject to the platting requirements of the Land 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. They would discuss what it would look like, and how it would be different from where they grew up. governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan ;-- 380 Mich County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. flashcard sets. MLS# 1908673. A 20-29.9 acre parcel is allowed five divisions. 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. 4. defined "proprietor" as "either a natural person, firm, corporation, or combination of any of them that holds an ownership interest in A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. Lots being created must also conform to local zoning regulations, provided those regulations are not in conflict with the platting provisions of the Land Division Act. A 40-49.9 acre parcel is allowed seven divisions. to permit municipalities, under certain circumstances, to plat or replat an area 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication The original parcel is the parent parcel or parent tract. I would definitely recommend Study.com to my colleagues. local government approval," the Court found no indication in the Land All Land Document Recordings must be filed in the Marshall Office. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. 181 lessons /Subject () adjustment, one parcel is made larger and one parcel is made smaller and no new Sara did a little internet research, and she learned about the Land Division Act. endobj They purchased five acres of land that they will divide into 20 single family home sites. However, our Supreme Court has declared that the Land . requirements. Each lot has a legal description that is used to identify the lot when the property is sold. by means of an urban renewal plat. Create your account. made that a boundary line adjustment is only possible between two (2) parcels line adjustment will still be reviewed to determine that the two parcels are the requirements imposed on proprietors under the Plat Act of 1929, itself, did This field is for validation purposes and should be left unchanged. Then, reality starts to set in. "proprietor[s]" the requirement for submitting, obtaining approval of, NW2d 508 (2002). Local government must keep records of divisions, re-divisions, and the history of the parcels. This process as well as definitions of and any applicable local land division or %PDF-1.4 As used in this act: . 7 shall be signed by the director of urban renewal or by the administrative 30, 1983 copyright 2003-2023 Study.com. /Contents [47 0 R ] Simply stating in the deed that the right to make all divisions was included in the sale was not an option. This version includes amendments through July 2017. LAND DIVISION ACT: . It ensures the health, safety, well-being, and proper use of the land. This information is for educational purposes only. stream /ModDate (D:20230216211348) Chapter 3 - LAND DIVISIONS Section 1. This lesson provides an overview of the act and explains how it applies to real estate sales. was not a "proprietor," reasoning that an airport authority is a You have asked whether a municipality is subject to the platting requirements MCL 560.227a of the Land Division Act, MCL 560.101 et seq. For questions about accessibility and/or if you need additional accommodations for a specific document, please send an email to ANR Communications & Marketing at anrcommunications@anr.msu.edu. 288 of 1967, as amended; (particularly by P.A. >> 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. It was originally enacted under the Subdivision Control Act on January 1, 1968. copyright 2003-2023 Study.com. Fees. endobj MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to >> 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. This history clearly demonstrates that the term "proprietor" and Lansing, Michigan 48909. . The Republican . | 18 /Resources 46 0 R /Type /Page << 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. 1996. michigan land division act was created in an effort to-. The Court rejected the airport authority's argument that it [MCL 560.102(o).]. 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 . The act ensures the best use of land, such as being fit for building, good area drainage, and accessibility; it controls development in floodplains and manages the easements for utilities. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. History:1967, Act 288, Eff. 2Neither the Capital Region case nor OAG 6989 Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. 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. In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation whether or not the local unit has a land division ordinance, the division or the Municipal Blighted Area Rehabilitation Act, 1945 PA 344, MCL 125.71 et 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. %PDF-1.5 | 18 This information is in large, bold letters at the top of the plat. -limit lop shap. (z) "Alley" means a public or private right of way shown on a plat which . 44 0 obj Is there specific rules about About lot line adjustments adjustments with property divided by a road.? If a parcel of land, when divided, will result in any division being 40 acres or less, . proprietor thereof shall cause a survey and three true plats thereof to be It Honorable Tom Casperson Please call us at (248) 477-6300. that actually share a common boundary. See MCL 560.108(5). 344 of the Public Acts of 1945, as amended, [the Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. The foremost rule of statutory construction is to effectuate the intent of << Section 105 of P.A. Create an account to start this course today. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . boundary adjustment can be made. Instant Reports. 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. this (section 102) to mean that a boundary or property line adjustment occurs not apply to a city, village, or township. Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL 1978), which concluded that the Legislature did not intend to include a Complied Laws (MCL) 560.101 et. 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. is subject to the platting requirements of the Act. Michigan Land Title Standards Sixth Edition. however, discloses one case requiring further consideration to determine whether 1991, Act 59, Imd. << This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. 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. A split that results in all parcels that are 40 acres or more in size, provided such parcels . 591 of 1996 and P.A. This form is designed to comply with Sec. The Register of Deeds office is located at the Calhoun County Building, 315 West Green Street, Marshall, MI 49068. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. If the lot or piece of land is located on a private road, the seller must provide the buyer with an addendum informing that the county road commission does not maintain the road. 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. This calculation can become more difficult when there have been a series of prior divisions in the chain of title. The Capital Region case is distinguishable from the issue presented in Noting that "[p]roprietors who wish to divide or subdivide land must obtain xc``e``f sg fbbFn~wZ7x'31*l0 m endobj whether a municipality is a "proprietor" within the meaning of the The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. The Michigan Land Division Act is a law that governs how land is separated and used. Land Division Process The Plainfield Charter Township Land Division Ordinance and the Michigan Land Division Act both require that proposed land divisions go through an approval process which is facilitated by the Assessing Department. and any applicable local land division or zoning ordinance. that an incorporated building authority was subject to the Land Division Act's Division Act that the Legislature intended the lands of an airport authority to 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. This fee includes the required Land Division Tax Certification form. As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. exempt splits. provided in Act No. This is precisely why the women chose Michigan for the home of their community. The second is usually called a subdivision or plat ordinance. 1996, Act 591, Eff. Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). When land is divided into parcels, and at least one of the parcels is 40 acres or less, it is subject to assessment by a local review before it can be recorded, marketed, or sold. ;-- Failure to comply with the Land Division Act has severe consequences. Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. OAG, 1997-1998, No 6989, p 164 (August She has a degree in Elementary Education from Western Governors University and is certified in the state of Michigan to teach Kindergarten through 8th grade. A plat must include a survey, legal description of the land, and a unique name for that County. In requiring the platting of land, After the assessment, the land can be recorded in the Register of Deeds. County plat board: An overall review and approval by the county plat board must be met with this certificate. Property line adjustments are noted in Is so, then the standards of this ordinance would apply. MCL T H E G R E A T G A M E E X E C U T I V E THE BIRTH OF A BUSINESS REVOLUTION A few years back, in a . Sterling Heights. NOTICE! 2 0 obj /Parent 4 0 R << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> Sorry, the comment form is closed at this time. endobj [MCL 560.102(f); emphasis Attorney General. final approvals of the preliminary plats. For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. 2 0 obj Bonus lots are permitted for shared access and preservation of open space. of land division or boundary line adjustments. 2014 - ___ An ordinance to regulate partitioning or division of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 591 of 1997, Act 288 of 1967, as amended, and Act 246 of 1945, as 1602) This division amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to each authorize specified personnel to act to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft (drone) poses to . 49 0 obj Create an account to start this course today. MLS# 23005969. << Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. >> History: 1967, Act 288, Eff. MCL 560.102(o). preliminary plats and submit copies to the authorities specified in the Act. holding title to the lands being platted, execute the plat dedication. endpoint or border https://www.merriam-webster.com/dictionary/adjacent. or splitting of a parcel or tract of land by the proprietor thereof . . 5 0 obj 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. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . Be sure to include the date the division was recorded at the Houghton County Register of Deeds. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. under the state LDA. A land division ordinance may be adopted by a local unit of government pursuant to Section 109 of the Land Division Act, Public Act 288 of 1967, as amended (MCL 560.109). -preserve agricultural land. /Type /Page 560.1 to 560.80 of the Compiled Laws of 1948 . 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and (Mich Dept of Attorney General Web Site - 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. "Proprietor" is The Land Division Act regulates how land is divided and how it is developed. Create your account. Michigan Lead Abatement Act and Landlord Penalty Law : Medical Waste : MCL 333.13801 - 333.13831: Michigan Public Health Code, PA 368 of 1978, Part 138 : R 325.1541 - 325.1549: Such "quasi corporations" are (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] 87 of 1997, MCL . and recording a plat. Michigan Covenant Deed Form Withdrawal. Site Plan amendments, special land uses, and outdoor retail sales. be exempt. the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, In particular, your question asks whether a city, village, or township 560.101. "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey. /Filter /FlateDecode /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R The landowner wishes to divide into as many plots as possible and resell them for a profit. a?UNs conclusion reached there. Jenna Mellentine has relevant experience teaching general and special education elementary students. 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. Accordingly . MCL 560.131. Ski Area Safety Act of 1962 - 1962 PA 199. www.ag.state.mi.us) municipality . This includes changes such as property splits, combinations, lot line The landowner will then have the number of parcels the remaining parent parcel can be divided into. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. I would definitely recommend Study.com to my colleagues. LAND DIVISION ACT (EXCERPT) Act 288 of 1967. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Eff. Do You Need to Be Licensed to Perform Residential Construction Services? Jan. 1, 1968 Seq. Accordingly, the City Assessor's Office is responsible for all combinations, splits, corrections, and any other description changes that may be requested by an owner of a property and that any description changes meet local ordinances, and conform to the Land Division Act (1996 - Formerly the Subdivision Control Act). seq - is instructive in determining the intent of the Legislature in 1929 Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. The first is usually known as a land division ordinance. 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. association, partnership, corporation or a combination of any of them." "The grant of corporate Therefore, we do NOT have ANY forms available in . The second is usually called a subdivision or plat ordinance. In . How do they divide the five acres into 20 lots that will be owned by 20 different families? 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|_ stream . "proprietor" as defined by the Subdivision Control Act and the prior 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. A subdivision ordinance is adopted by a local unit of government to regulate the creation of more splits than are permitted under the land division provisions of the Land Division Act. [MCL 125.75a.]. You of the Compiled Laws of 1948, shall conform to this act. /Pages 4 0 R In 1959, the Legislature added section 5a to this act All rights reserved. Division Act that apply to proprietors. successors, or assigns for the purpose of sale, or lease of more that 1 The Act also requires "proprietors" to obtain surveys and Effective March 13, 2018, the seller of unplatted land can simply state in the deed that the right to make all divisions, a specific number of divisions, or no divisions is included in the sale. /Type /Outlines In 1967, the Legislature enacted the Subdivision Control Act repealing the Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. Section 109 of the Michigan Land Division Act, MCL 560.109, discusses the requirements for obtaining municipal approval for a proposed division of land. EnviroPreScreen; EnviroPreScreen Advanced A proprietor who subdivides land is subject to the platting 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. /Metadata 3 0 R Prior to 1968, the land division process was governed by the Plat Act of 1929. A proprietor who subdivides land is subject to the platting requirements of the Land . MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . While this is not an exact quote of any one unit, it does A land division ordinance may be adopted by a local unit of government pursuant to Section 109 of the Land Division Act, Public Act 288 of 1967, as amended (MCL 560.109). In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App 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. 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 parcels; to .