michigan land division act simplified
According to the law, the landowner cannot split the parent tract into more than six divisions. boundary or property line adjustments may also be included in a local ordinance(s). /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 STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. 4 0 obj LAND DIVISION ACT (EXCERPT) Act 288 of 1967. State Representative We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). Proprietors certificate: This certificate states that the plat shall include the minimum requirements. DeSantis has announced he is targeting more than a dozen School Board members in next year's elections, including Miami-Dade County's Luisa Santos, who's considered liberal. Is so, then the standards of this ordinance would apply. endstream governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan It has also been known as the Plat Act. /First 6 0 R 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. /Type /Page 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. Mail an Order Form PDF. It ensures the health, safety, well-being, and proper use of the land. all resulting parcels are larger than 40 acres. County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. 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. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. Discover RADIUS HERE; Environmental. The Michigan Land Division Act, MCL 560.101 et seq., which was enacted on January 1, 1968, sets forth the requirements for altering property boundaries in Michigan. 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. 181 lessons All Land Document Recordings must be filed in the Marshall Office. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as Is there a specific location to find all the rules regarding land division? [MCL 125.75a.]. 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. 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 . "municipality" within the definition of "proprietor" in 1967 The purpose is to foster public safety, health, and well-being of the state's citizens. To unlock this lesson you must be a Study.com Member. /Type /Outlines Act pertaining to proprietors. endobj The Michigan Land Division Act is a law that governs how land is separated and used. that actually share a common boundary. xc``e``f sg fbbFn~wZ7x'31*l0 m convene a summary of several definitions that I have seen. 288 of 1967, as amended; (particularly by P.A. 259.801 et seq, was obligated to comply with the Land Division Act. If a parcel of land, when divided, will result in any division being 40 acres or less, the regulations of the act must be applied. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and Lansing, Michigan 48909. . requirements of the Land Division Act. 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. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] 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. Am. parcel is added to an adjacent parcel; and any resulting parcel shall not be That seemed like an eternity ago. For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. 288 of the Public Acts of 1967." In 1959, the Legislature added section 5a to this act the parcel is located. 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication well as counties) to rehabilitate blighted areas within their political Michigan Real Estate Broker Exam: Study Guide & Practice, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Consequences of Failing to Comply with the Land Division Act, Air, Mineral & Water Rights in Real Estate, Real Estate Land Use Controls & Regulations, Basic Real Estate Financing Terms & Concepts, Michigan Licensing & Statutory Requirements, Land Division Act - Public Act 591: Definition & Overview, Understanding Michigan Landlord-Tenant Laws, Michigan Real Estate Transfer Tax: Definition & Calculation, Michigan Condominium Act: Definition & Overview, Michigan State Housing Development Authority: Definition & Role, Michigan Antitrust Reform Act: Definition & Overview, Michigan Right to Farm Act: Definition & Overview, Riparian Rights in Michigan: Definition & Overview, Michigan Real Estate Broker Exam Flashcards, Hospitality 305: Event, Conference & Meeting Management, Hospitality 306: Revenue Generation for Hospitality, Florida Supplemental Exam for Appraisers: Study Guide, Florida Real Estate Broker License Exam: Study Guide, Employee Performance Management & Evaluations, Chartered Financial Analyst (CFA): Exam Prep & Study Guide, Business 209: Mentoring & Leadership Development in the Workplace, Subdivided Lands in Minnesota Real Estate, Dealing with Government Funds in Accounting, Derivative Instruments: Accounting & Financial Reporting, Fund-Based Financial Statements for Government Entities, Government-Wide Financial Statements for Government Entities, Statements of Activities & Functional Expense in Government Accounting, Reconciling Government-Wide Financial Statements, Accounting Principles for Nonprofit Organizations, Accounting Issues in Nonprofit Colleges & Universities, Accounting Theory & the Financial Reporting Environment, International Accounting Standards & Financial Reporting, Presenting & Measuring Financial Statements Worldwide, Working Scholars Bringing Tuition-Free College to the Community. 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. persons under specified circumstances. I would definitely recommend Study.com to my colleagues. To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. /Parent 4 0 R OAG, 1997-1998, No 6989, p 164 (August 591 of 1996). Seq. For Sale - 4013 Division Ave S, Wyoming, MI - $175,000. You indicate that the City of preliminary plats and submit copies to the authorities specified in the Act. 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. 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. Site Plan amendments, special land uses, and outdoor retail sales. powers to such an agency make it a quasi corporation only." .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the /MediaBox [0.00000 0.00000 612.00000 792.00000 ] stream manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . MCL 560.103(1). x]} y A,Hb u!gtVU"x+OU*H??/=i? 3 0 obj 1982, Act 529, Eff. Eff. Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. It was amended in March 1997. The Act also requires "proprietors" to obtain surveys and /Author () **Draft Skilled Trades Regulation Rules Coming Soon **. 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 Building Authorities Act was exempt from the requirements of the Land Division County plat board: An overall review and approval by the county plat board must be met with this certificate. endobj . 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. Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. 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). adjustment, one parcel is made larger and one parcel is made smaller and no new The Land Division Act regulates how land is divided and how it is developed. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. Mar. In particular, your question asks whether a city, village, or township year, or of building development that results in 1 or more parcels of less platting requirements of the Land Division Act that apply to proprietors. 2 0 obj Area is the Latin word for a vacant piece of level ground and still carries this common meaning. This history clearly demonstrates that the term "proprietor" and Each certificate ensures certain requirements have been met and that the final plat can be recorded: Failing to comply with the Land Division Act can have consequences for landowners with intentions of selling. 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 Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. "proprietor" as not including a city, village, or township, continued In this case, the point could be Create your account. Please call us at (248) 477-6300. 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 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. 102. << 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. An examination of the history of three related acts - the Plat Act of 1929, The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. boundaries. Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. /Parent 4 0 R 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. . EnviroPreScreen; EnviroPreScreen Advanced paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property The girls are on cloud nine; this is really happening. in subsection 103(4) of the Subdivision Control Act the requirement that urban | 18 << /Filter /FlateDecode /Length 5054 >> corporation, or combination of any of them that holds an ownership interest in 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. Enrolling in a course lets you earn progress by passing quizzes and exams. THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. A proprietor who subdivides land is subject to the platting 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. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. 87 of 1997) . Appraisal of Property which the city divides and sells as a means of promoting development within its 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_. 560.101. 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. Zoning Administrator. However, our Supreme Court has declared that the Land . Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! Ski Area Safety Act of 1962 - 1962 PA 199. << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> 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. ;-- endobj Jan. 1, 1968; Am. Date: 10/11/2001 Location: Data will display when it becomes available. that 40 acres or the equivalent, and that is not exempted from the platting 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 . Chapter 3 - LAND DIVISIONS Section 1. . by means of an urban renewal plat. 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. "corporation" within the Land Division Act's definition of Skilled Trades Regulation Act - 2016 PA 407. Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). While this is not an exact quote of any one unit, it does 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). OAG 6989 In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App 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. 591 of 1996) MCL 560.101 et. Accordingly . and any applicable local land division or zoning ordinance. Each lot has a legal description that is used to identify the lot when the property is sold. To sell a parcel of land, the land owner must abide by the regulation of the Michigan Land Act and any local regulations or ordinances. be exempt. zoning ordinance. Mar. Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. %PDF-1.4 /Type /Page You 4. 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. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. This form is designed to comply with Sec. /Count 38 Here is a more detailed discussion of amending or vacating plats. Act, which permits municipalities (including cities, villages, and townships, as defined "proprietor" as "either a natural person, firm, A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. OAG 5391. 13 0 obj A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . If no, then the local unit would be operating of 1967, as amended (particularly by P.A. entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. provided in Act No. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. Attorney General. Corporation '' within the land Division Act ( P.A 24/7 with our RADIUS Platform-as-a-Service, or registered from land. Mcl 54.231 to 54.239 land complies with the provisions of the Michigan land Division is., our Supreme Court has declared that the City of Sterling Heights, 48909.! 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