requirements of this act by sections 108 and 109. [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). See Figure 3.4. The airport authority at issue in Capital Region is more akin to the If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . It was amended in March 1997. 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. Then the new parcel can be marketed and sold. Discover RADIUS HERE; Environmental. 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Division Act that apply to proprietors. 31, 1997 Popular Name: Plat ActPopular Name: Subdivision Control, The Michigan Legislature Website is a free service of the Legislative Service Bureau in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, the Michigan Senate, and the Library of Michigan. While this is not an exact quote of any one unit, it does A 30-39.9 acre parcel is allowed six divisions. "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." MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. boundary adjustment can be made. The Legislature, consistent with a reading of the term << 49 0 obj Michigan Covenant Deed. The Register of Deeds office is located at the Calhoun County Building, 315 West Green Street, Marshall, MI 49068. Section 13 of the Plat Act required that the proprietor, i.e., the person In this case, the point could be 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 . Its like a teacher waved a magic wand and did the work for me. made by a registered civil engineer or surveyor. The owner must record the affidavit after the land division has been approved. . This information is in large, bold letters at the top of the plat. It has been prepared to assist in the determination of compliance with Michigan's Land Division Act (Act 288 of 1967) as well as local Zoning ordinances. 3 0 obj 591 of 1996), MCL 560.101, et.seq.) Sorry, the comment form is closed at this time. (z) "Alley" means a public or private right of way shown on a plat which . These municipalities are In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. 181 lessons endobj preliminary plats and submit copies to the authorities specified in the Act. An examination of the history of three related acts - the Plat Act of 1929, -limit lop shap. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. 1991, Act 59, Imd. conclusion. and recording a plat. The foremost rule of statutory construction is to effectuate the intent of 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. Ski Area Safety Act of 1962 - 1962 PA 199. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] In this 288 of 1967, as amended (particularly by P.A. Is there a specific location to find all the rules regarding land division? [MCL 560.102(f); emphasis 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). MCL 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. 288 of 1967, as amended; (particularly by P.A. Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). 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. 344 of the Public Acts of 1945, as amended, [the If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. of the Compiled Laws of 1948, shall conform to this act. PA 288, then known as the Subdivision Control Act. If no, then the local unit would be operating 1982, Act 529, Eff. 19 chapters | manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . 181 lessons County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. endstream parcel is added to an adjacent parcel; and any resulting parcel shall not be powers to such an agency make it a quasi corporation only." defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning One such provision has historically required that every deed for the sale of unplatted land must specify the number of divisions under the Land Division Act that were being conveyed (if any . 108. Fees. << /Filter /FlateDecode /Length 5054 >> rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. History:1967, Act 288, Eff. | 18 Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. The Capitol x]} y A,Hb u!gtVU"x+OU*H??/=i? "proprietor" as defined by the Subdivision Control Act and the prior www.ag.state.mi.us) Since obtaining the required certificates is a part of the process of abiding by this law, it can be a misdemeanor if all the certificates are not obtained and the seller attempts to sell the property. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . This is precisely why the women chose Michigan for the home of their community. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . Failure to comply with the Land Division Act has severe consequences. /Length 3089 Under MCL 560.102, a division occurs when there is a partitioning or splitting of a parcel of land that results in 1 or more parcels (for the purpose of sale, lease of more than 1 year, or of building development) of less than 40 acres or the equivalent, and that satisfies the requirements of sections 108 and 109. whether or not the local unit has a land division ordinance, the division or Sec. You have asked whether a municipality is subject to the platting requirements 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. 103. All parcel splits smaller than 40 acres in size are required to be reviewed and approved locally before they can be recorded with the county register of deeds. "give corporate capacity to certain agencies in the administration of civil **Draft Skilled Trades Regulation Rules Coming Soon **. . Additional historical documents can be found at, Michigan Compiled Laws Complete Through PA 3 of 2023, House: Adjourned until Thursday, March 2, 2023 12:00:00 PM, Senate: Adjourned until Thursday, March 2, 2023 10:00:00 AM, http://www.michigan.gov/libraryofmichigan, FEES AND ADMINISTRATION (560.241560.259). How do they divide the five acres into 20 lots that will be owned by 20 different families? appears to have addressed the case of Advisory Opinion re Constitutionality 1996, Act 591, Eff. NOTICE! For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. OAG 5391. Noting that nothing in the Land Division Act's In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation >> 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. 4 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 . Act, which permits municipalities (including cities, villages, and townships, as If a parent parcel lawfully in existence as of March 31, 1997 contains a total of 40 acres, the property owner could potentially apply for a division to create a total of 7 parcels (4 parcels for the first 10 acres and an additional parcel for each additional 10 acres) if all of the other requirements of the Michigan Land Division Act are satisfied. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. 4. the Municipal Blighted Area Rehabilitation Act, 1945 PA 344, MCL 125.71 et APPLICATION FOR DIVISION OF LAND This form is designed to comply with the applicable local zoning regulations and land division ordinance and Act 109 of the Michigan Land Division Act (formerly the Subdivision Control Act, P.A. Appraisal of Property Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. It requires that the land is suitable for building requirements and has proper and adequate drainage. County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. Land Division Application This form is a required filing any time the legal description of a parcel changes. Land Division. /Type /Page 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. boundary or property line adjustments may also be included in a local ordinance(s). County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. 30, 1983 whether a municipality is a "proprietor" within the meaning of the The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. "proprietor" as not including a city, village, or township, continued << /Contents 7 0 R /MediaBox [ 0 0 612 792 ] /Parent 26 0 R /Resources << /ExtGState << /G3 20 0 R >> /Font << /F4 21 0 R /F5 22 0 R /F6 23 0 R /F7 24 0 R /F8 25 0 R >> /ProcSet [ /PDF /Text /ImageB /ImageC /ImageI ] >> /StructParents 0 /Type /Page >> Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. Seq. definition of the term "proprietor" suggested that the Legislature 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. 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. Mar. A certificate must be obtained from the land surveyor, the owner (proprietors certificate), the county treasurer, the county drain commissioner, the county road commissioner, the municipality governing board, the county plat board, the state highway commission, and finally, the Department of Energy, Labor, and Economic Growth. Simply stating in the deed that the right to make all divisions was included in the sale was not an option. requirements of the Land Division Act. Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. copyright 2003-2023 Study.com. 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. 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 Oronoko Charter Township charges a $100 fee per land division and/or combination application. 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. paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property limited sphere in the accomplishment of public purposes." Today they took the first step. E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. Preventing Emerging Threats Act of 2018 (Sec. Explore the requirements needed and potential consequences. 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. Due to the complicated and lengthy process required to plat a subdivision under the Michigan Land Division Act, many developers have moved away from platting and have begun creating condominiums (including site condominiums) under the Michigan Condominium Act. Brad Neumann, Michigan State University Extension - March 24, 2020. Another example could be a landowner with a 35-acre plot. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! Please call us at (248) 477-6300. and does not include any representation or conveyance of rights in any other statute, building Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) The act ensures parcels maintain accessibility through either easement, public, or private roads. MCL 560.102(o). The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. is subject to the platting requirements of the Act. ;-- The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, You adjustment, one parcel is made larger and one parcel is made smaller and no new I feel like its a lifeline. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. << proprietor thereof shall cause a survey and three true plats thereof to be xc``e``f sg fbbFn~wZ7x'31*l0 m stream 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_. The Republican . Charter and Code of Ordinances of the City of Sterling Heights, Michigan. The application must comply with Section 108 of the Michigan Land Division Act, Michigan Public Act 288 of 1967, as amended (MCL 560.108). The Land Division Act regulates how land is divided and how it is developed. municipalities. 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. All Land Divisions including lot line adjustments are LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . /Parent 4 0 R . Michigan Covenant Deed Form Withdrawal. 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. . 591 of 1996) MCL 560.101 et. under the state LDA. endobj the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, View details, map and photos of this lots/land property with 0 bedrooms and 0 total baths. The second is usually called a subdivision or plat ordinance. All other trademarks and copyrights are the property of their respective owners. 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. /Metadata 3 0 R When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the Skilled Trades Regulation Act - 2016 PA 407. , collect and archive 24/7 with our RADIUS Platform-as-a-Service regarding the legality of term. Agencies in the Act pertaining to drainage to and from the land has. ; limitations ; requirements County Building, 315 West Green Street, Marshall, MI.... The northwest quarter of the northwest quarter ( parent with our RADIUS!. 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