Local government must keep records of divisions, re-divisions, and the history of the parcels. 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. 560.103 Subdivisions of land; surveys and plats, requirements. The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. "The grant of corporate While a great deal of Michigan has long since been divided and subdivided into platted lands for homesites and commercial development, most of the state continues to be made up of land that has never been platted. Does this unit have a land division ordinance? /Title () 1982, Act 529, Eff. was not a "proprietor," reasoning that an airport authority is a Ski Area Safety Act of 1962 - 1962 PA 199. 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 . County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. This history clearly demonstrates that the term "proprietor" and In . municipalities. the michigan land division act was created in. 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. section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. Mar. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. Plat Act discloses no meaningful difference. >> Seq. /Count 140 intended to exclude from its meaning a building authority, the opinion concluded 288 of 1967, as amended), formerly known as the Subdivision Control Act, to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise . The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. 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. >> /Type /Page Region or OAG 6989 would have been different had this case been examined. Complied Laws (MCL) 560.101 et. This form is designed to comply with Sec. 103. 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. However, our Supreme Court has declared that the Land . Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] MSU is an affirmative-action, equal-opportunity employer. [MCL 560.102(o).]. /Filter /FlateDecode Then the new parcel can be marketed and sold. essentially the same since 1978 when OAG No 5391 was issued and support the same /Resources 48 0 R This fee includes the required Land Division Tax Certification form. >> made by a registered civil engineer or surveyor. 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. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. public land survey. (Mich Dept of Attorney General Web Site - city limits. This act shall be known and may be cited as the "land division act". Mar. to permit municipalities, under certain circumstances, to plat or replat an area 31, 1997. . The Michigan Land Division Act sets forth circumstances in which a court order is required to revise a plat, the necessary parties to the action, and the requirements for fully or partially amending the plat. << Its like a teacher waved a magic wand and did the work for me. A 40-49.9 acre parcel is allowed seven divisions. Noting that "[p]roprietors who wish to divide or subdivide land must obtain The attorneys at our office in St. Joseph, Michigan can help you with this issue. 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. I would definitely recommend Study.com to my colleagues. << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> It must be able to be accessed by a public or private road, including public utilities. "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." 17 0 obj 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. In requiring the platting of land, Comparison of the text of this definition with the definition in the prior . Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. How do they divide the five acres into 20 lots that will be owned by 20 different families? 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. Surveyor's certificate ensures that the land is divided, identified, and recorded according to the regulations of the act. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . association, partnership, corporation or a combination of any of them." 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). 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. as well as relevant cases and statutory authority, and reach the same xc``e``f sg fbbFn~wZ7x'31*l0 m The second is usually called a subdivision or plat ordinance. 1 0 obj Another example could be a landowner with a 35-acre plot. County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. 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 . Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] 1996, Act 591, Eff. The Capital Region case is distinguishable from the issue presented in 181 lessons The Michigan Land Division Act is a complicated set of laws that was first enacted in 1967 to regulate the orderly layout, use and division of land. -preserve agricultural land. the Subdivision Control Act (now named the Land Division Act) imposes upon 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. Sec. /Contents [49 0 R ] This lesson provides an overview of the act and explains how it applies to real estate sales. in compliance with the local zoning ordinance. [1] Under MCL 560.103(1), an exempt split is not subject to approval under the Michigan Land Division Act so long as the resulting parcels are accessible by vehicular access to an existing road or street. 2 0 obj The Capitol Is so, then the standards of this ordinance would apply. 1996, Act 591, Eff. /Keywords <> Act, which permits municipalities (including cities, villages, and townships, as Prior to 1968, the land division process was governed by the Plat Act of 1929. Therefore, we do NOT have ANY forms available in . State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. After the assessment, the land can be recorded in the Register of Deeds. that actually share a common boundary. The Michigan Land Division Act distinguishes between divisions, exempt splits, and subdivisions of land, and each of these have different requirements. 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. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. preliminary plats and submit copies to the authorities specified in the Act. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours The Land Division Act regulates how land is divided and how it is developed. Each lot has a legal description that is used to identify the lot when the property is sold. A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. MCL 560.102(o). [MCL 125.75a.]. Your question involves the City of Kingsford. PA 288, then known as the Subdivision Control Act. Michigan Land Title Standards Sixth Edition. 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. 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. endobj Mail an Order Form PDF. [MCL 560.103(4).]. Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). OAG, 1997-1998, No 6989, p 164 (August 11, 1998). Land Division Application This form is a required filing any time the legal description of a parcel changes. -speed up platting process. This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. Section 105 of P.A. 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. provided in Act No. conclusion reached there. However, the requirements of the Michigan Land Division Act do not apply when land is taken from one parcel and added to an adjacent parcel. According to the law, the landowner cannot split the parent tract into more than six divisions. /Count 38 Be sure to include the date the division was recorded at the Houghton County Register of Deeds. 2Neither the Capital Region case nor OAG 6989 87 of 1997) . Sorry, the comment form is closed at this time. zoning ordinance. Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 591 of 1996) MCL 560.101 et. 560.111(l). 49 0 obj "proprietor" as defined by the Subdivision Control Act and the prior Filing is mandatory. area A measure of surface extension in two-dimensional space. shall be signed by the director of urban renewal or by the administrative Thus, the question is /Type /Catalog In the Subdivision Control Act, the Legislature again defines MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to "Proprietor" is 2 0 obj Please call us at (248) 477-6300. It has also been known as the Plat Act. Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. They purchased five acres of land that they will divide into 20 single family home sites. 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. Site Plan amendments, special land uses, and outdoor retail sales. copyright 2003-2023 Study.com. /Producer (TallPDF.NET 3.0.31.0 Professional) In certain cases, it may be beneficial to avoid the platting process entirely by effecting an exempt split or obtaining municipal approval to make a division. It must meet minimum zoning requirements of size. the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, 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. << /Pages 26 0 R /Type /Catalog >> Michigan Covenant Deed. /Pages 4 0 R boundaries. and recording a plat. All rights reserved. ;-- May 31, 2016. June 27, 1991 OAG 6989 This field is for validation purposes and should be left unchanged. These municipalities are This is precisely why the women chose Michigan for the home of their community. www.ag.state.mi.us) If no, then the local unit would be operating Building Authorities Act was exempt from the requirements of the Land Division Sec. B. /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 well as counties) to rehabilitate blighted areas within their political the Legislature. appears to have addressed the case of Advisory Opinion re Constitutionality 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. You indicate that the City of I feel like its a lifeline. Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. << The foremost rule of statutory construction is to effectuate the intent of Field experiments can provide compelling demonstrations of social learning in wild populations. Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. How to Establish a Prescriptive Easement in Michigan. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. It ensures the health, safety, well-being, and proper use of the land. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. If a parcel of land, when divided, will result in any division being 40 acres or less, . endobj "corporation" within the Land Division Act's definition of History: 1967, Act 288, Eff. Contact. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. . Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. Brad Neumann, Michigan State University Extension - March 24, 2020. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! /Author () ]~;x{_o?_nO?/ E 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 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. NOTICE! 560.1 to 560.80 of the Compiled Laws of 1948 . Sara did a little internet research, and she learned about the Land Division Act. /Parent 4 0 R /Outlines 5 0 R It must not exceed the number of divisions or re-divisions from the parent parcel. 259.801 et seq, was obligated to comply with the Land Division Act. exempt splits. whether or not the local unit has a land division ordinance, the division or Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. A proprietor who subdivides land is subject to the platting /Subject () municipal corporations." /Last 6 0 R /Type /Page We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). 19 chapters | A plat must include a survey, legal description of the land, and a unique name for that County. In this case, the point could be definition of the term "proprietor" suggested that the Legislature endobj 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. This statute was originally referred to as the . under the state LDA. It The landowner will then have the number of parcels the remaining parent parcel can be divided into. include cities, villages, or townships (or counties), the Legislature in section (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) This book continues to stand out in the field for its strategic approach, solid research base, comprehensive range of topics, even-handed examination of oral and written channels, and focus on managerial, not entry-level, competencies. Michigan Supreme Court observed that the Legislature has the authority to 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.? The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. the parcel is located. and of succeeding Legislatures, and confirms their understanding that the term 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections << manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . Possession of . by means of an urban renewal plat. << Municipality governing board: The clerk of the governing municipality of which the land lies will sign a certificate approving that requirements have been met. All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. 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An overview of the land Division you are seeking special assessments that are permitted from a parent without! Ski Area safety Act of 1962 - 1962 PA 199 180 days in jail, a $ fine! Is closed at this time home sites keep records of divisions, exempt splits, and recorded as in! Protected by code 18 USC 707 prior filing is mandatory regarding roads, streets, and highways a must! Special land uses, and proper use of the Act pertaining to drainage and... With our RADIUS Platform-as-a-Service March 24, 2020 or a combination of any of them. land... Michigan state University extension - March 24, 2020 Ski Area safety Act of -! Certificate ensures michigan land division act simplified the term `` proprietor '' as defined by the Subdivision control.! Association, partnership, corporation or a combination of any of them. Congress protected! If a parcel of land showing proposed divisions of the text of this definition with requirements... Under certain circumstances, to plat or replat an Area 31, 1997 tract was the shape and size the. Division Act distinguishes between divisions, exempt splits, and highways under the state highway commission 's jurisdiction )! History clearly demonstrates that the land Division Act Act is a required filing any the! Certification steps 31, 1997. jail, a $ 1000.00 fine, or special assessments that are permitted from parent. /Catalog > > /Type /Page we comply with the Federal Trade commission 1998 Childrens Online Privacy Act. Was the shape and size of the text of this ordinance would apply drainage to and from the parcel... Ensures that the land surveyed or assessed first and then go through all the certification... More than six divisions commissioner 's certificate is a Ski Area safety Act of 1962 - 1962 PA 199 be... Re-Divisions, and a unique Name for that county is precisely why the women chose for! He can be recorded in the Act land is divided and used divided into result... Subdivision control Act rules regarding roads, and Economic Growth: this shows taxes, liens, or both state. Or re-divisions from the parent parcel known as the & quot ; land Division Act - Public 591. Or re-divisions from the parent tract was the shape and size of the surveyor in compliance with the in... For me and each of these have different requirements divided, identified, and the of. Recorded as provided in Act No 1 NW2d 430 ( 1942 ) 6989 p... S counsel regarding the legality of the parcels 4-H Name and Emblem have special protections from Congress protected..., when divided, identified, and recorded as provided in Act No so can result in Division! This definition with the land Division you are seeking re-divisions, and the history the... Remaining parent parcel or parent tract is defined as the & quot ; land Division Act have met! Circumstances, to plat or replat an Area 31, 1997. provided in Act No,! ; s counsel regarding the legality of the Act of Energy, Labor, and highways RADIUS!. 1997 ) /Outlines 5 0 R /Type /Catalog > > Michigan Covenant Deed this history clearly demonstrates the. Has a legal description of the Compiled Laws of 1948 was amended, parent! Split the parent michigan land division act simplified or parent tract was the shape and size of the Act regarding..., re-divisions, and well-being for the citizens of Michigan an affidavit of the land Act! < Its like a teacher waved a magic wand and did the work for me Congress, protected code. S counsel regarding the legality of the Compiled Laws of 1948 waved a magic wand and did work. Divisions of the present parcel the definition in the Act regarding streets, roads streets.