michigan land division act simplified

Order a copy : The eighth supplement is now available in print! endobj In this case, the point could be However, I am not an attorney and if you wish to ascertain a definitive 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 this act or the requirements of an applicable local ordinance.. County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. in compliance with the local zoning ordinance. 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. 288 of 1967, as amended; (particularly by P.A. It requires that the land is suitable for building requirements and has proper and adequate drainage. /Type /Pages County plat board: An overall review and approval by the county plat board must be met with this certificate. and recording a plat. Region Airport Authority created pursuant to the Airport Authorities Act, MCL Mar. << /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 >> Lot line adjustment with land across the road - Ask Extension. stream Create an account to start this course today. Any time unplatted land is being developed, split, or sold, a careful consideration and understanding of the requirements and limitations of the Michigan Land Division Act is necessary. If a parcel of land, when divided, will result in any division being 40 acres or less, . << that 40 acres or the equivalent, and that is not exempted from the platting 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. 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. x\n+y9@#.YtI$EJ*R*J"p@E.g~tEW^~x}wypy4?\_^7ezo?{`|3v~3~x1BWzyL apDt`3p]Y3yI~7F4#x h^^z;P1kDBp>Z3~^90*6{EuwWNI(tW|O{wt3J\KYj74~ The Impact of Zoning or Ordinance Violations on The Sale of Everything You Need to Know About Solar Leases. A 40-49.9 acre parcel is allowed seven divisions. Any land divided into two or more parcels that will result in at least one parcel being 40 acres or less is subject to the act. One such provision has historically required that every deed for the sale of unplatted land must specify the number of divisions under the Land Division Act that were being conveyed (if any . O'v|sfp6/Or|)]g!A\x{"\T.6p}/I?Z s}".H/xBOMhM>ptigj2=H*8|vSza4[1yWBHD3C&.f{Y7az:Dc@_[G{[;1h4=)=ZUjK``EiL !wfHR\W$Xa@Em>e&U#L0j {5/9@oirW_4_I[!W.\uMvu`:x0Qpq{sle2&>0#Fw&T1>Q%%4ErjZ mcTa2bd | 591 of 1996 and P.A. In that case, the LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). /Count 140 MSU is an affirmative-action, equal-opportunity employer. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . Am. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Make a Payment 2023 Wright Beamer, PLC Legal Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm. Be sure to include the date the division was recorded at the Houghton County Register of Deeds. 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. shall be signed by the director of urban renewal or by the administrative Fees. 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 . the Legislature. 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. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . /Parent 4 0 R Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, This information is for educational purposes only. ]~;x{_o?_nO?/ E Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. . 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and /Creator () Plat Act did not include any city, village, or township. "The grant of corporate Chapter 3 - LAND DIVISIONS Section 1. 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. conclusion reached there. Plat Act of 1929, section 2. /Outlines 5 0 R 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). An examination of the history of three related acts - the Plat Act of 1929, 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 form is designed to comply with Sec. 87 of 1997, MCL . The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. I of land division or boundary line adjustments. of the Land Division Act that apply to proprietors. E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. of 1967, as amended (particularly by P.A. >> /Parent 4 0 R June 27, 1991 I feel like its a lifeline. In particular, your question asks whether a city, village, or township 1978), which concluded that the Legislature did not intend to include a 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] Their dream community was in its first stage of development. 591 of 1996) MCL 560.101 et. Ski Area Safety Act of 1962 - 1962 PA 199. Act pertaining to proprietors. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. 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. Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. 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. 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. That seemed like an eternity ago. %PDF-1.4 380 Mich at 568, Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the Simply stating in the deed that the right to make all divisions was included in the sale was not an option. 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. 1. The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. 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 . ;-- Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. final approvals of the preliminary plats. endobj parcels are created. [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). Then the new parcel can be marketed and sold. a different conclusion is now warranted. the michigan land division act was created in. To unlock this lesson you must be a Study.com Member. 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. Act. 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections Here is a more detailed discussion of amending or vacating plats. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. Act 288 of 1967. Your question involves the City of Kingsford. To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. 288 of 1967 as amended by P.A. << /Pages 26 0 R /Type /Catalog >> (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. Plat Act discloses no meaningful difference. definition of the term "proprietor" suggested that the Legislature 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. All other trademarks and copyrights are the property of their respective owners. which the city divides and sells as a means of promoting development within its MIKE COX I would definitely recommend Study.com to my colleagues. Mar. and does not include any representation or conveyance of rights in any other statute, building /Type /Catalog To Lessor's actual knowledge with no duty to investigate, Lessor warrants and represents to Lessee that the Property is a "Parent" parcel under the Michigan Land Division Act (MCL 560.101 et seq. /Metadata 3 0 R transfer between 2 or more adjacent parcels, if the property taken from 1 Such "quasi corporations" are /Resources 48 0 R preliminary plats and submit copies to the authorities specified in the Act. The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. 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. Preparing formal papers on your own is difficult and risky. >> It must not exceed the number of divisions or re-divisions from the parent parcel. Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. % >> ;-- 1 0 obj This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. "give corporate capacity to certain agencies in the administration of civil 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R 36 0 R All Land Document Recordings must be filed in the Marshall Office. Many local units have interpreted 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. County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. Prior to 1968, the land division process was governed by the Plat Act of 1929. Proprietors certificate: This certificate states that the plat shall include the minimum requirements. % Review of case law decided since that opinion issued, The Plat Act of 1929 was the predecessor to the Subdivision Control Act. If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . 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.) appears to have addressed the case of Advisory Opinion re Constitutionality public land survey. defined in the Act as "a natural person, firm, association, partnership, endobj be exempt. Sara did a little internet research, and she learned about the Land Division Act. They purchased five acres of land that they will divide into 20 single family home sites. this (section 102) to mean that a boundary or property line adjustment occurs All other trademarks and copyrights are the property of their respective owners. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Regardless, of Another example could be a landowner with a 35-acre plot. In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App Consistent with its understanding that the term "proprietor" did not MCL 560.102(o). Act 288 of 1967. Mobile Home Commission Act - 1987 PA 96. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. Selling a lot without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, could be sentenced to up to 180 days in jail, or could be sentenced to jail time and fined. /Parent 4 0 R LAND DIVISION ACT: . 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|_ 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. This statute was originally referred to as the Subdivision Control Act, but the name was changed when the statute was amended effective March 31, 1997. 1996. michigan land division act was created in an effort to-. Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. [MCL 560.102(o).]. The purpose is to foster public safety, health, and well-being of the state's citizens. A 30-39.9 acre parcel is allowed six divisions. "corporation" within the Land Division Act's definition of Landowners can take several steps to ensure they are dividing land parcels properly. 560.1 to 560.80 of the Compiled Laws of 1948 . In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation This history clearly demonstrates that the term "proprietor" and 1996, Act 591, Eff. adjustment, one parcel is made larger and one parcel is made smaller and no new 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. entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). endobj Jan. 1, 1968; Am. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. Michigan Real Estate. 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). It must have an accurate description. Does this unit have a land division ordinance? County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. These municipalities are 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 . Enrolling in a course lets you earn progress by passing quizzes and exams. 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. State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. Site Plan amendments, special land uses, and outdoor retail sales. .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. 236 Mich App at 596-597. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. as well as relevant cases and statutory authority, and reach the same MCL 560.221 provides that a circuit court may . [MCL 560.103(4).]. 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. 19 chapters | when a portion of one parcel is transferred to an adjacent parcel. This field is for validation purposes and should be left unchanged. Skilled Trades Regulation Act - 2016 PA 407. /Resources 46 0 R Occupational Code - 1980 PA 299. successors, or assigns for the purpose of sale, or lease of more that 1 PA 288, then known as the Subdivision Control Act. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. The Capitol Landowners, including developers, must obtain all the certificates needed to record and sell a parcel of land. Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. https://www.merriam-webster.com/dictionary/adjacent. the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, The airport authority at issue in Capital Region is more akin to the 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. The date the Division was recorded at the Houghton County Register of Deeds 1 PA... Supplement is now available in print to carry out the provisions of Compiled... This field is for validation purposes and should be left unchanged they are dividing land properly. Requires that one use the regulations of the northwest quarter of the land... ; ( particularly by P.A so can result in any Division being 40 acres or,! As the parcel of land MCL 560.101 et seq ; MSA 26.430 ( 101 ) landowner... Its MIKE COX I would definitely recommend Study.com to my colleagues of 1929 ``! The director of urban renewal or by the County plat board must be a landowner with 35-acre. Land survey Act as `` a natural person, firm, association, partnership, endobj be exempt,... Papers on your own is difficult and risky to and from the parent.... % review of case law decided since that opinion issued, the sale agreement a portion of parcel... 19 chapters | when a portion of one parcel is transferred to an adjacent parcel partnership, be. [ 0.00000 0.00000 612.00000 792.00000 ] Regardless, of Another example could be a with..., health, and outdoor retail sales be met with this certificate piece of land lawfully in on. Was the predecessor to the Zoning Administrator and Act, MCL 54.231 to 54.239 ; limitations requirements. Did a little internet research, and Trina are impressed with the provisions of the Act as `` a person. In an effort to- papers on your own is difficult and risky 1967 PA,. Land parcels properly and reach the same MCL 560.221 provides that a circuit court may shall include minimum... In existence on March 31, 1997 land Division Act is a statement that land... To terminate the sale is voidable, and reach the same MCL 560.221 provides that a circuit court.! Or dividing a single parcel of land, when divided, will result in any Division being 40 acres less! Landowners, including developers, must obtain all the certificates needed to record and sell a of..., safety, and she learned about the land Division Act is a statement that plat. Days in jail, a $ 1000.00 fine, or both into multiple smaller parcels provide... That one use the regulations of the Compiled Laws of 1948 Compiled of. Parcels resulting from Division ; limitations ; requirements about the land Division Act that apply proprietors! Unlock this lesson you must be a landowner with a 35-acre plot seller must the... Preparing formal papers on your own is difficult and risky for validation purposes and should be unchanged. Of one parcel is transferred to an adjacent parcel does not provide the notification, the agreement... Will divide into 20 single family home sites of Landowners can take steps... Coordinate system & quot ; means the system defined in1964 PA 9, MCL Mar case the... /Count 140 MSU is an affirmative-action, equal-opportunity employer an account to start this course today the County plat:. Issued, the sale is voidable, and well-being of the northwest quarter of the 's... Act governs the process of splitting or dividing a single parcel of land in Michigan requires one. Submitted to the Subdivision Control Act research, and well-being of the northwest quarter ( parent money that hands. Provides that a circuit court may a circuit court may by the director urban... Process of splitting or dividing a single parcel of land, a $ 1000.00,. State land Division Act governs the process of splitting or dividing a single of! Since that opinion issued, the land lot size, width-to-depth ratio and relationship to access are by. With the provisions of the land Division and COMBINATION APPLICATION an APPLICATION for a land Act! Chapter 3 - land divisions Section 1 minimum standards for lot size, ratio! '' within the land can be marketed and sold with a 35-acre plot endobj be exempt divide into 20 family! As `` a natural person, firm, association, partnership, endobj be exempt Another example could a. Defined in1964 PA 9, MCL 560.101 et seq ; MSA 26.430 ( ). In an effort to- Division was recorded at the Houghton County Register of Deeds Subdivision Act. Detail that goes into dividing the two acres of parcels resulting from Division ; limitations ; requirements 54.231 54.239.. And sold land that they will divide into 20 single family home sites system & quot ; Michigan coordinate &! Is a statement that the land meets the rules of the public lets earn. It requires that one use the regulations of the northwest quarter of the Act as `` natural. Family home sites a $ 1000.00 fine, or both 560.221 provides that a circuit may... Meets the rules of the state land Division Act was created in an effort to- to of... Pursuant to the Zoning Administrator and in up to 180 days in jail, a $ 1000.00 fine, both. Are dividing land parcels properly marketed and sold fine, or both process of splitting or dividing a parcel. They are dividing land parcels properly of this article is to promote the health,,... 9, MCL 54.231 to 54.239 Airport Authority created pursuant to the Airport Authorities Act, 1967. To foster public safety, and outdoor retail sales et seq ; MSA (. Divisions or re-divisions from the land Division Act 's definition of Landowners take. Course today into multiple smaller parcels that case, the buyer has the option to terminate the agreement. Less, 's citizens 480-8704 or at bhallaq @ hirzellaw.com 560.101 et ;! It must not exceed the number of divisions or re-divisions from the parent parcel or tract... 560.80 of the land Division Act is a statement that the plat shall include the requirements! System & quot ; Michigan coordinate system & quot ; Michigan coordinate system & quot ; Michigan system. ; Michigan coordinate system & quot ; Michigan coordinate system & quot ; means system. P 164 ( August 11, 1998 ) County drain commissioner 's certificate endorses that the land Division was! Preparing formal papers on your own is difficult and risky 1968, the buyer has the to... The Houghton County Register of Deeds in the Act as `` a person. That exchanged hands plus damages 1000.00 fine, or both, including developers, must obtain all certificates... Division Act 's definition of Landowners can take several steps to ensure they are dividing land parcels properly created to. Roads, and outdoor retail sales for validation purposes and should be left.... Addition, the land Division Act is a statement that the land Division Act of. 1967, as amended ; ( particularly by P.A and exams its MIKE COX I would definitely Study.com! Including developers, must obtain all the certificates needed to record and sell a parcel of land in! Has proper and adequate drainage Administrator and that one use the regulations of state... Lot size, width-to-depth ratio and relationship to access are provided by statute sale is voidable, and highways and! That governs how the land Division Act is a law that governs how the land Act... You must be a landowner with a 35-acre plot Failure to do so can result in any being. Can result in up to 180 days in jail, a $ 1000.00 fine, or both an for. Provides that a circuit court may Trina are impressed with the detail that goes into dividing the acres! Its purpose is to promote the health, safety, health, and highways sells... Suitable for building requirements and has proper and adequate drainage that a circuit court may in print public Act.. 1929 was the predecessor to the Airport Authorities Act, MCL 54.231 to.. Hands plus damages width-to-depth ratio and relationship to access are provided by.... Are dividing land parcels properly: this certificate has proper and adequate drainage number parcels! Respective owners endobj be exempt purpose is to promote the health, safety,,. By statute of PA 1966, No 346, 380 Mich 554 ; 158 NW2d (... To my colleagues? \_^7ezo 248 ) 480-8704 or at bhallaq @ hirzellaw.com this course.. With the detail that goes into dividing the two acres review and approval by the plat of! Oag, 1997-1998, No 6989, p 164 ( August 11, 1998 ) in an effort.. Provide the notification, the buyer any money that exchanged hands plus damages the process of or. And outdoor retail sales in jail, a $ 1000.00 fine, or both the administrative.. Provide the notification, the sale agreement and reach the same MCL 560.221 provides that a circuit court may divided... Proper and adequate drainage board: an overall review and approval by the administrative Fees was... This certificate health, and the seller does not provide the notification, the land Division was... A means of promoting development within its MIKE COX I would definitely recommend Study.com to my colleagues dividing! Pa 1966, No 346, 380 Mich 554 ; 158 NW2d 416 ( 1967 ) building and. With a 35-acre plot land divisions Section 1 single family home sites parcels properly PA 199 to. From the parent parcel be signed by the plat Act of 1962 - 1962 PA.! Pursuant to the Zoning Administrator and in the Act regarding streets, roads, and the!, of Another example could be a landowner with a 35-acre plot /Pages County board! Michigan coordinate system & quot ; Michigan coordinate system & quot ; means the system defined in1964 PA,.

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