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 . Ski Area Safety Act of 1962 - 1962 PA 199. Does this unit have a land division ordinance? (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. well as counties) to rehabilitate blighted areas within their political
Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours June 27, 1991
THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. This form is designed to comply with Sec. 19 chapters | Land Division Application This form is a required filing any time the legal description of a parcel changes. association, partnership, corporation or a combination of any of them." prior Plat Act. The act ensures parcels maintain accessibility through either easement, public, or private roads. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. successors, or assigns for the purpose of sale, or lease of more that 1
Thus, the statutory provisions relevant to your question have remained
of the Compiled Laws of 1948, shall conform to this act. The landowner wishes to divide into as many plots as possible and resell them for a profit. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. whether a municipality is a "proprietor" within the meaning of the
under the state LDA. /Filter /FlateDecode . Fees. 5 0 obj It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. Chapter 3 - LAND DIVISIONS Section 1. Land Division. the term "proprietor" using these words: "Proprietor" means a natural person, firm, association,
Region or OAG 6989 would have been different had this case been examined. Preparing formal papers on your own is difficult and risky. In requiring the platting of land,
"specific and supplemental governmental agencies designed to function in a
County drain commissioner certificate: This meets approval for stormwater drainage requirements. The girls are on cloud nine; this is really happening. Stanton v City of Battle Creek, 466 Mich 611, 615; 647
limited sphere in the accomplishment of public purposes." /Producer (TallPDF.NET 3.0.31.0 Professional) the michigan land division act was created in. year, or of building development that results in 1 or more parcels of less
Lansing, Michigan 48909. . MLS# 1908673. 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. of 1967, as amended (particularly by P.A. 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. endobj endobj Create an account to start this course today. Section 109 of the Michigan Land Division Act, MCL 560.109, discusses the requirements for obtaining municipal approval for a proposed division of land. The statement shall be in substantially the following form: "The grantor grants to the grantee the right to make [insert number] division(s) under section 108 of the land division act, Act No. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] requirements. To unlock this lesson you must be a Study.com Member. According to the law, the landowner cannot split the parent tract into more than six divisions. Commission in matters involving petitions for municipal boundary adjustments filed under the State Boundary Commission Act. To unlock this lesson you must be a Study.com Member. Please call us at (248) 477-6300. The Capital Region case is distinguishable from the issue presented in
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. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. << Some townships seem to count one parcel for land division even if it is divided by the road. County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer.
17 0 obj endobj that actually share a common boundary. Create your account. This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. endobj Proprietors certificate: This certificate states that the plat shall include the minimum requirements. /Keywords <> Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). The foremost rule of statutory construction is to effectuate the intent of
Site Plan amendments, special land uses, and outdoor retail sales. Section 111(1) of the Act requires "proprietors" to make
Sec. 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. A common definition of adjacent provided by Webster is having a common It must be able to be accessed by a public or private road, including public utilities. In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App
I feel like its a lifeline. MCL 560.131. Lansing, Michigan 48909. requirements of the Land Division Act. It has also been known as the Plat Act. This information is for educational purposes only. 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). . (Mich Dept of Attorney General Web Site -
Current incidents of forced eviction in the country have been linked to rogue Taliban commanders or fighters evicting people or to the Interim Taliban Authority (ITA) dismantling informal settlements, redistributing housing in formal settlements, or reallocating land distributed under previous governments.This report explores the international . >> "proprietor[s]" the requirement for submitting, obtaining approval of,
This information is in large, bold letters at the top of the 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. 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. 1998 Childrens Online Privacy Protection Act (COPPA). Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. A subdivision ordinance is adopted by a local unit of government to regulate the creation of more splits than are permitted under the land division provisions of the Land Division Act. "proprietor" as not including a city, village, or township, continued
This history clearly demonstrates that the term "proprietor" and
Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. %1!CI82nllDMF _Pxdo8 and of succeeding Legislatures, and confirms their understanding that the term
at 575. powers to such an agency make it a quasi corporation only." Section 13 of the Plat Act required that the proprietor, i.e., the person
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. Michigan law requires a 20-acre minimum for a parent lot to be split more than four times, and surveys submitted for both of Correia's division requests show his parcel was 19.22 acres. 30, 1983
partnership, corporation, or combination of any of them that holds an
/Length 3089 The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 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 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 . should consult with the local units assessor and/or zoning administrator where >> parcels are created. 181 lessons Skilled Trades Regulation Act - 2016 PA 407. Enrolling in a course lets you earn progress by passing quizzes and exams. 288 of 1967, as amended; (particularly by P.A. << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections
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. /Type /Pages >> The following opinion is presented on-line for informational use only and does not replace the official version. 560.101. Committee: House Resources: Related Items: Data will display when it becomes available. or splitting of a parcel or tract of land by the proprietor thereof
Create an account to start this course today. 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. 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. When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital
MCL 560.221 provides that a circuit court may . State Representative
"proprietor." Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) OAG 5391. Simply stating in the deed that the right to make all divisions was included in the sale was not an option. NOTICE! The purpose is to foster public safety, health, and well-being of the state's citizens. 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. 1 0 obj He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. stream 560.103 Subdivisions of land; surveys and plats, requirements. ownership interest in land whether recorded or not. Mar. ]~;x{_o?_nO?/ E Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. The owner must record the affidavit after the land division has been approved. This form is designed to comply with Sec. Each lot has a legal description that is used to identify the lot when the property is sold. 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. << /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 >> State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. Plat Act discloses no meaningful difference. Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL
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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. was not a "proprietor," reasoning that an airport authority is a
1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. that an incorporated building authority was subject to the Land Division Act's
It must have an accurate description. 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 Impact of Zoning or Ordinance Violations on The Sale of Everything You Need to Know About Solar Leases. 102. 4 0 obj Seq. "The grant of corporate
They know they are going to need to file some paperwork and go through the county, but what does that entail? 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 . Zoning Administrator. final approvals of the preliminary plats. 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 As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. It
All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. Under MCL 560.102, an exempt split is the partitioning or splitting of a parcel of land that does not result in 1 or more parcels of less than 40 acres or the equivalent. Landowners can take several steps to ensure they are dividing land parcels properly. Requirements that parcels of land must have, according to the Land Division Act, include the following: Additionally, multiple certificates must be obtained from several sources before a parcel can be recorded. How do they divide the five acres into 20 lots that will be owned by 20 different families? proprietor thereof shall cause a survey and three true plats thereof to be
<< /Filter /FlateDecode /S 36 /Length 64 >> distinguishable from the airport authority in Capital Region. In each year from 2018 through 2021, he has been recognized as a Rising Star in the area of real estate law by Super Lawyers Magazine, a designation that is given to no more than 2.5% of the attorneys in the State of Michigan each year. The size of the original parcel of land designated how many allowable divisions it could undergo. endobj government," but in doing so "create neither private corporations nor
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