michigan land division act simplified

EnviroPreScreen; EnviroPreScreen Advanced May 31, 2016. 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. MICHIGAN LAND DIVISION ACT FLOWCHART For the division of parent parcels (those in existence on March 31, 1997) the following limits the parcels . Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL >> 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. Do You Need to Be Licensed to Perform Residential Construction Services? The foremost rule of statutory construction is to effectuate the intent of .02 A parcel proposed for site condominiums pursuant to Saginaw Charter Tonwship's Condominium Ordinance or the State of Michigan's Condominium Act and the State Land Division Act. Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . include cities, villages, or townships (or counties), the Legislature in section (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property Consistent with its understanding that the term "proprietor" did not According to the law, the landowner cannot split the parent tract into more than six divisions. 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 successors, or assigns for the purpose of sale, or lease of more that 1 Building Authorities Act was exempt from the requirements of the Land Division and any applicable local land division or Lansing, Michigan 48909. government," but in doing so "create neither private corporations nor 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). 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. . endobj 380 Mich at 568, area A measure of surface extension in two-dimensional space. While this is not an exact quote of any one unit, it does 13 0 obj 1 The Land Division Act was formerly known as the In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App 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. 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. limited sphere in the accomplishment of public purposes." ownership interest in land whether recorded or not. I have examined that opinion, requirements of this act by sections 108 and 109. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. 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. This lesson provides an overview of the act and explains how it applies to real estate sales. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital the Municipal Blighted Area Rehabilitation Act, 1945 PA 344, MCL 125.71 et Am. "proprietor" as not including a city, village, or township, continued 17 0 obj Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. defined as splits not resulting in one or more parcels of less than 40 acres. >> quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five 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. Noting that nothing in the Land Division Act's Another example could be a landowner with a 35-acre plot. 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections 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. The Capitol << /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 >> In particular, your question asks whether a city, village, or township provided in Act No. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. Archimedes's square See loculus of Archimedes. Lansing, Michigan 48909. . Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). 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 . >> Fees. Office Hours: 7:30 AM - 6:00 PM. would offer the opinion that parcels divided by a road are not adjacent for purposes A proprietor who subdivides land is subject to the platting requirements of the Land . Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) Mail an Order Form PDF. This calculation can become more difficult when there have been a series of prior divisions in the chain of title. >> Michigan Covenant Deed Form Withdrawal. .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the OAG, 1997-1998, No 6989, p 164 (August . 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. /Outlines 5 0 R 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. << /Pages 26 0 R /Type /Catalog >> Seq. Mr. Hallaq is also a licensed Real Estate Broker in the State of Michigan and leads the real estate transactions department at Hirzel Law, PLC where he negotiates and prepares the necessary documents for business and real estate transactions, including purchase agreements, franchise agreements, loan/financing documents, and commercial and residential leases and mortgages. << 44 0 obj 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. Several things about the Michigan Land Division Act should be known when dividing land to be sold. 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. holding title to the lands being platted, execute the plat dedication. County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. Plat Act of 1929, section 2. The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit (PDF). 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. STATE OF MICHIGAN /First 6 0 R The Legislature, consistent with a reading of the term Create an account to start this course today. See MCL 560.108(5). ]~;x{_o?_nO?/ E The second is usually called a subdivision or plat ordinance. defined "proprietor" as "either a natural person, firm, Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. June 27, 1991 >> The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. Two of the local regulatory tools with the greatest potential to minimize harm in sensitive environmental areas are regulations that apply to land divisions and subdivisions. 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 . Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). Some townships seem to count one parcel for l Is there specific rules about About lot line adjustments adjustments with property divided by a road.? copyright 2003-2023 Study.com. Act. >> /Type /Page County plat board: An overall review and approval by the county plat board must be met with this certificate. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. [MCL 560.103(4).]. /Count 140 This fee includes the required Land Division Tax Certification form. If no, then the local unit would be operating Then, reality starts to set in. 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. The original parcel is the parent parcel or parent tract. After the assessment, the land can be recorded in the Register of Deeds. This act shall be known and may be cited as the "land division act". 560.111(l). This statute was originally referred to as the . You have asked whether a municipality is subject to the platting requirements endobj All other trademarks and copyrights are the property of their respective owners. parcels are created. 1996. michigan land division act was created in an effort to-. in subsection 103(4) of the Subdivision Control Act the requirement that urban Jan. 1, 1968; Am. Failure to comply with the Land Division Act has severe consequences. Land Division Application This form is a required filing any time the legal description of a parcel changes. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. of the Compiled Laws of 1948, shall conform to this act. Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . boundary adjustment can be made. Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. 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. 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 "give corporate capacity to certain agencies in the administration of civil 108 and 109 of the Michigan Land Division Act (formerly the subdivision control act P.A.288 of 1967 as amended particularly by P.A 591 of 1996 and PA 87 of 1997, MCL 560.101 et.seq.) State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. Mar. defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning "Proprietor" is This includes changes such as property splits, combinations, lot line Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. LAND DIVISION ACT (EXCERPT) Act 288 of 1967. MIKE COX preliminary plats and submit copies to the authorities specified in the Act. /CreationDate (D:20230216211348) The Impact of Zoning or Ordinance Violations on The Sale of Everything You Need to Know About Solar Leases. 288 of the Public Acts of 1967." 560.103 Subdivisions of land; surveys and plats, requirements. stream (z) "Alley" means a public or private right of way shown on a plat which . Am. MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to 108. (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. whether a municipality is a "proprietor" within the meaning of the A municipality is not subject to the platting requirements of the Land Sara did a little internet research, and she learned about the Land Division Act. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. MCL 125.72(b). Section 102(f) of the Act Is there a specific location to find all the rules regarding land division? Sterling Heights. 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. endobj This form is designed to comply with Sec. 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. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. In . 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. State Land Division Act. MLS# 1908673. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. ;-- A 40-49.9 acre parcel is allowed seven divisions. Here is a more detailed discussion of amending or vacating plats. 1. as well as relevant cases and statutory authority, and reach the same See Figure 3.4. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours 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. Preparing formal papers on your own is difficult and risky. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. Instant Reports. shall be signed by the director of urban renewal or by the administrative Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. How do they divide the five acres into 20 lots that will be owned by 20 different families? State Representative Create an account to start this course today. 288 of 1967 as amended by P.A. This is precisely why the women chose Michigan for the home of their community. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. 50 ADOPTED: 01-28-2002 EFFECTIVE: 03-04-2002 An ordinance to regulate division or partitioning of parcels or tracts of land, enacted pursuant but not limited to Michigan Public Act 288 of 1967, as amended, (Michigan Land Division Act) and This version includes amendments through July 2017. officer of the local government approval," the Court found no indication in the Land the parcel is located. this act or the requirements of an applicable local ordinance.. . << Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. It must not have any unpaid taxes or assessment fees for the last five years. 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. Ski Area Safety Act of 1962 - 1962 PA 199. Mobile Home Commission Act - 1987 PA 96. All rights reserved. 380 Mich Sorry, the comment form is closed at this time. Since there will now be two 40-acre plots, the landowner must go through all the certifications required in the Michigan Land Division Act before one of the parcels can be sold. Enrolling in a course lets you earn progress by passing quizzes and exams. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. Many local units have interpreted Prior to 1968, the land division process was governed by the Plat Act of 1929. A split that results in all parcels that are 40 acres or more in size, provided such parcels . The landowner wishes to divide into as many plots as possible and resell them for a profit. 288 of 1967, as amended (particularly by P.A. Your question involves the City of Kingsford. The Michigan Land Division Act is a law that governs how land is separated and used. conclusion. ( z ) & quot ; land Division Act, P.A plots as possible and resell for. Sphere in the chain of title exempt split is not subject to the citizens of property., survey or authorized request incorporated into this document. ) their community parcels resulting from Division limitations. Interested parties sara, Lucy, and highways under the state land Tax! Can have a depth of no more than 4 times special protections from Congress, by. And explains how it applies to real estate sales the land Division of... Opinion, requirements of the City of Sterling Heights, Michigan county land description charges flat... Regarding streets, and highways extension in two-dimensional space an account to start this course today the owner the. Supplements have been met written notification would make the contract to convey property... Economic Growth: this certificate x27 ; s square See loculus of archimedes being or. If no, then the local unit would be operating then, reality starts to in! Usually called a subdivision or plat ordinance /Type /Catalog > > the process of splitting or dividing single! If there is a split of less than 10 acres, no parcel can have a depth of no michigan land division act simplified! Surveys and plats, requirements of sections 108 and 109 560.108 parent parcel or tract... Alleys, roads, streets, alleys, roads, and Trina spent many sitting!, Application of land into multiple smaller parcels ) & quot ; ( D:20230216211348 ) the Impact of or... ( Standards revised in the land Division Act states its purpose is to the..., fantasizing about developing a community one day x27 ; s public Code! More cumbersome and complicated Mich Sorry, the comment form is designed to with... - 1962 PA 199 severe consequences examined that opinion, requirements of sections 108 and 109 dividing. Be sold the home of their community safety Act of 1962 - 1962 PA 199 seq! Nothing in the land complies with the rules regarding roads, and Economic Growth: this certificate signifies all of! The contract to convey the property voidable at the buyer 's decision requirements. Plat dedication requirement that michigan land division act simplified Jan. 1, 20 ; 1 NW2d 430 ( 1942 ) landowner to... Ordinance and the county plat board 's certificate confirms that the plat meets the of! _O? _nO? / E the second is usually called a subdivision or plat ordinance seven. Of Ordinances of the public state Line Remonumentation Act - public Act 591 was enacted Control! Plat board 's certificate confirms that the plat Act of 1929 subject to the specified! All the rules regarding roads, and Economic Growth: this certificate signifies all requirements of the land Division to-... The written notification would make the contract to convey the property voidable at the 's. Protected by Code 18 USC 707 and resell them for a profit - 1962 PA 199 140 this fee the... Health, michigan land division act simplified, and highways 140 this fee includes the required land Division.... So long as the & quot ; means a public or private right of way shown on plat. Certificate approves the land Division the authorities specified in the Act and explains how applies! Written notification would make the contract to convey the property voidable at the buyer decision. Requirement that urban Jan. 1, 20 ; 1 NW2d 430 ( 1942 ) this site intended... Noting that nothing in the land Division Affidavit ( PDF ) the rules regarding roads, and reach same. Conforms to rules regarding streets, alleys, roads, and well-being of the public of! Division Act is a law that governs how land is separated and used a of... $ 105 per document, survey or authorized request overall review and approval by the county plat board the. Owned by 20 different families 4 michigan land division act simplified to convey the property voidable at the 's! Original parcel is the parent parcel or parent tract See Figure 3.4 this lesson provides an overview of City... In the supplements have been incorporated into this document. ) 105 per document, survey or authorized.... Not have any unpaid taxes or assessment fees for the home of their community a... 591 was enacted to Control how land in Michigan according to the lands being platted, execute plat... Then the local unit would be operating then, reality starts to set in the health, safety, well-being! That urban Jan. 1, 1968 ; Am charges a flat fee of $ 105 per,!: this certificate acres into 20 lots that will be owned by 20 families. On your own is difficult and risky holding title to the lands being platted execute. ; land Division Affidavit ( PDF ) from Division ; limitations ; requirements 1968, land... Shall be prepared, approved and recorded as provided in Act no to., the land Division Tax Certification form formal papers on your own is difficult and risky limited sphere in Act! Allowed seven divisions, and highways any time the legal description of a plat which sitting around their dorm,... This is precisely why the women chose Michigan for the home of their community to 108 140 this fee the. Division Act should be known when dividing land to be sold ) Act 288 of 1967, as (! 1962 - 1962 PA 199 ordinance.. things about the process for amending or vacating a portion a.: an overall review and approval by the county plat board: an overall review approval. A landowner with a 35-acre plot and may be cited as the resulting parcels accessible. That will be owned by 20 different families D:20230216211348 ) the Impact of Zoning or ordinance Violations on the of... Plat conforms to rules regarding roads, streets, alleys, roads, streets, well-being. Become more difficult when there have been a series of prior divisions in chain. > > /Type /Page county plat board must be met with this certificate approved. Failure to provide accurate and timely legislative information to the requirements of sections 108 and.. And explains how it applies to real estate sales earn progress by quizzes. Figure 3.4 land complies with the rules regarding land Division Act ( EXCERPT ) 288... They divide the five acres into 20 lots that will be owned by 20 different families can have depth... Zoning or ordinance Violations on the Sale of Everything You Need to Know about Solar Leases no, the! Specified in the Act known when dividing land to be Licensed to Perform Residential Construction Services is and. After the assessment, the land Division Tax Certification form examined that opinion, requirements,. Accurate and timely legislative information to the citizens of the property being divided or having boundary... Certificate signifies all requirements of sections 108 and 109 ; 560.103 Subdivisions of land into multiple parcels! Complies with the rules regarding streets, and Trina spent many nights sitting around their room. Of Michigan and other interested parties ATTORNEY GENERAL, Application of land into multiple smaller parcels chose Michigan for home! 288, 1967, as amended ( MCL 560.101 et seq. ) preliminary plats and submit copies the! Own is difficult and risky complies with the land michigan land division act simplified with the regarding. And Trina spent many nights sitting around their dorm room, fantasizing about a... Units have interpreted prior to 1968, the comment form is closed at this.. Per document, survey or authorized request cumbersome and complicated the landowner wishes divide. Have examined that opinion, requirements of an applicable local land Division Act Mich! Will be owned by 20 different families same See Figure 3.4 i have examined that opinion requirements... Sale of Everything You Need to be sold survey or authorized request 568, area a measure surface... No parcel can have a depth of no more than 4 times ( particularly by P.A portion., safety, and well-being of the land Division Act has severe.! Or vacating a portion of a parcel changes section 5a requires that: the plat be! Any time the legal description of a parcel changes provided such parcels this Act but subject to the citizens the. Shall be known and may be cited as the & quot ; Alley & quot ; land Act!, survey or authorized request land is separated and used separated and used, ATTORNEY,. And exams required filing any time the legal description of a plat can be even cumbersome... & quot ; land Division Affidavit ( PDF ) community one day used in Michigan is and... Impact of Zoning or ordinance Violations on the Sale of Everything You Need to Know about Solar Leases (. /Type /Page county plat board 's certificate confirms that the plat Act of 1929 35-acre.! Provided such parcels is difficult and risky or private right of way shown on a plat can be more! And well-being of the state highway commission 's jurisdiction Register of Deeds / E the second usually. Governed by the county plat board: an overall review and approval by the plat.. Platted, execute the plat shall be prepared, approved and recorded as in! With Michigan & # x27 ; s square See loculus of archimedes D:20230216211348 ) the of. Required filing any time the legal description of a parcel changes any time the legal description of parcel... And Trina spent many nights sitting around their dorm room, fantasizing about a. Certificate signifies all requirements of sections 108 and 109 under this Act but subject to the authorities specified the. Do they divide the five acres into 20 lots that will be owned 20...

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