Prior to 1968, the land division process was governed by the Plat Act of 1929. LAND DIVISION ACT (EXCERPT) Act 288 of 1967. Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. Ski Area Safety Act of 1962 - 1962 PA 199. Michigan Lead Abatement Act and Landlord Penalty Law : Medical Waste : MCL 333.13801 - 333.13831: Michigan Public Health Code, PA 368 of 1978, Part 138 : R 325.1541 - 325.1549: OAG, 1997-1998, No 6989, p 164 (August Building Authorities Act was exempt from the requirements of the Land Division Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. However, I am not an attorney and if you wish to ascertain a definitive Oronoko Charter Township charges a $100 fee per land division and/or combination application. endobj They need to make that one address into 20 addresses. "corporation" within the Land Division Act's definition of MSU is an affirmative-action, equal-opportunity employer. MCL 560.227a of the Land Division Act, MCL 560.101 et seq. See MCL 560.109(3). 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. 1978. Local government must keep records of divisions, re-divisions, and the history of the parcels. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. (z) "Alley" means a public or private right of way shown on a plat which . and does not include any representation or conveyance of rights in any other statute, building Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. Then, reality starts to set in. 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. [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. Is there a specific location to find all the rules regarding land division? The act ensures parcels maintain accessibility through either easement, public, or private roads. 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 . "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." the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, Mar. June 27, 1991 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 . 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. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. See Figure 3.3. The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. Create an account to start this course today. 1978), which concluded that the Legislature did not intend to include a preliminary plats and submit copies to the authorities specified in the Act. A 20-29.9 acre parcel is allowed five divisions. %PDF-1.4 5 0 obj Mar. Each division has access to a public road Yes No (Circle One) If this is a new private road or easement (include name) This form is designed to comply with land division ordinances, and section 109 of the Michigan Land Division Act (formerly the subdivision control act, P.A. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. Under MCL 560.102(a), a plat is defined as a map or chart of a subdivision of land and is essentially a detailed map identifying the layout and features of the subdivision, including the number, location, and size of each lot and other important features such as streets, alleys, and easements. Mobile Home Commission Act - 1987 PA 96. 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. Surveyor's certificate ensures that the land is divided, identified, and recorded according to the regulations of the act. The owner must record the affidavit after the land division has been approved. . A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . Lansing, Michigan 48909. . The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. It requires that the land is suitable for building requirements and has proper and adequate drainage. not apply to a city, village, or township. Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, 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. Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. This fee includes the required Land Division Tax Certification form. The Court rejected the airport authority's argument that it Act pertaining to proprietors. This statute was originally referred to as the . All Land Divisions including lot line adjustments are Preventing Emerging Threats Act of 2018 (Sec. 1602) This division amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to each authorize specified personnel to act to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft (drone) poses to . The second is usually called a subdivision or plat ordinance. County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. The airport authority at issue in Capital Region is more akin to the Does this unit have a land division ordinance? 87 of 1997, MCL . 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. To unlock this lesson you must be a Study.com Member. It must be able to be accessed by a public or private road, including public utilities. A proprietor who subdivides land is subject to the platting requirements of the Land . It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. stream under the state LDA. 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. Division Act that apply to proprietors. PA 288, then known as the Subdivision Control Act. Social learning has been experimentally demonstrated in at least 23 field experiments, in 20 species, covering a range of contexts, such as foraging preferences and techniques, habitat choice, and predator avoidance. 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. That seemed like an eternity ago. STATE OF MICHIGAN 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the You indicate that the City of municipal corporations." /Pages 4 0 R . 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. conclusion reached there. Land Division Act - 1967. endobj government," but in doing so "create neither private corporations nor In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. /Resources 46 0 R They purchased five acres of land that they will divide into 20 single family home sites. 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 . State Representative [MCL 560.103(4).]. Section 102(f) of the Act Several things about the Michigan Land Division Act should be known when dividing land to be sold. manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! In the Subdivision Control Act, the Legislature again defines MCL 560.103(1). They know they are going to need to file some paperwork and go through the county, but what does that entail? 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. Tuesday - Friday. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. requirements. It ensures the health, safety, well-being, and proper use of the land. Elevator Safety Board - 1967 PA 227. Consistent with its understanding that the term "proprietor" did not Adjacent parcels owned by the same owner were considered the same parcel. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . 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. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. Also, I have seen a local approval process in some jurisdictions before the Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. It was amended in March 1997. Developers of properties must abide by the same rules as independent landowners. ;-- Attorney General. Then the new parcel can be marketed and sold. /Resources 48 0 R However, our Supreme Court has declared that the Land . Date: 10/11/2001 Location: Data will display when it becomes available. 181 lessons View When_Employees_Think___Act_Like_Owners.pdf from HIST 12 at University of Michigan, Dearborn. >> endstream flashcard sets. and any applicable local land division or zoning ordinance. /Count 38 As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] CHAPTER 27: LAND DIVISION AND COMBINATION. Some townships seem to count one parcel for land division even if it is divided by the road. For Sale - 4013 Division Ave S, Wyoming, MI - $175,000. State Land Division Act. Regardless, of The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . The Legislature, consistent with a reading of the term /Type /Page Complied Laws (MCL) 560.101 et. 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. The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. 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. Field experiments can provide compelling demonstrations of social learning in wild populations. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, CHAPTER 27: LAND DIVISION AND COMBINATION. These municipalities are requirements of the Land Division Act. Accordingly . % Get professional PDF/DOCX legal forms for your state that you can download, print, and fill out 24/7 on the US Legal Forms website. Mar. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. MCL 560.102(o). 5 0 obj A municipality is not subject to the platting requirements of the Land May 31, 2016. Landowners can take several steps to ensure they are dividing land parcels properly. 19 chapters | the requirements imposed on proprietors under the Plat Act of 1929, itself, did Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours | 18 endobj 560.101. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. Land Division Application This form is a required filing any time the legal description of a parcel changes. If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. the Subdivision Control Act (now named the Land Division Act) imposes upon www.ag.state.mi.us) (Mich Dept of Attorney General Web Site - Brad Neumann, Michigan State University Extension - March 24, 2020. Such "quasi corporations" are "proprietor." MLS# 23005969. Upon entry of a final order, MCL 560.227a sets forth the manner in which title to the property will vest after it has been vacated. 4 0 obj MICHIGAN LAND DIVISION ACT FLOWCHART For the division of parent parcels (those in existence on March 31, 1997) the following limits the parcels . A plat must include a survey, legal description of the land, and a unique name for that County. Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. They would discuss what it would look like, and how it would be different from where they grew up. 87 of 1997) . Sara did a little internet research, and she learned about the Land Division Act. 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. /First 6 0 R Each lot has a legal description that is used to identify the lot when the property is sold. Once the land division application and supporting documents (checklist found in the application packet) are received by the department, there is a 45-day review . holding title to the lands being platted, execute the plat dedication. /Contents [49 0 R ] of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). "give corporate capacity to certain agencies in the administration of civil 288 of 1967, as amended; (particularly by P.A. Sterling Heights. final approvals of the preliminary plats. a different conclusion is now warranted. /Parent 4 0 R Other townships don't seem to agree. Am. In cases where a division or exempt split will not suffice, the alternatives for development are typically creating a platted subdivision under the Michigan Land Division Act or a condominium project under the Michigan Condominium Act. your request and does not warrant any modification of the conclusion reached in Area is the Latin word for a vacant piece of level ground and still carries this common meaning. /Last 6 0 R stream endstream proprietor thereof shall cause a survey and three true plats thereof to be rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. 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. 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. The Republican . Failure to comply with the Land Division Act has severe consequences. /Contents [45 0 R ] land whether recorded or not." In 1959, the Legislature added section 5a to this act 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. << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> 2Neither the Capital Region case nor OAG 6989 the michigan land division act was created in. the parcel is located. 288 of 1967 as amended by P.A. << 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 . OAG 5391. Review of case law decided since that opinion issued, %1!CI82nllDMF _Pxdo8 The Plat Act of 1929 was the predecessor to the Subdivision Control Act. A 40-49.9 acre parcel is allowed seven divisions. xc``e``f sg fbbFn~wZ7x'31*l0 m A split that results in all parcels that are 40 acres or more in size, provided such parcels . stream Their dream community was in its first stage of development. Section 109 of the Michigan Land Division Act, MCL 560.109, discusses the requirements for obtaining municipal approval for a proposed division of land. 19 chapters | This includes changes such as property splits, combinations, lot line 1 0 obj /Type /Pages a?UNs Charter and Code of Ordinances of the City of Sterling Heights, Michigan. **Draft Skilled Trades Regulation Rules Coming Soon **. parcel is added to an adjacent parcel; and any resulting parcel shall not be MCL 125.72(b). Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. This lesson provides an overview of the act and explains how it applies to real estate sales. Lots being created must also conform to local zoning regulations, provided those regulations are not in conflict with the platting provisions of the Land Division Act. 1. This field is for validation purposes and should be left unchanged. of land division or boundary line adjustments. << /Type /XRef /Length 78 /Filter /FlateDecode /DecodeParms << /Columns 4 /Predictor 12 >> /W [ 1 2 1 ] /Index [ 2 35 ] /Info 19 0 R /Root 4 0 R /Size 37 /Prev 53909 /ID [] >> Michigan Land Title Standards Sixth Edition. 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. While this is not an exact quote of any one unit, it does %PDF-1.5 << Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 The Capitol 1 The Land Division Act was formerly known as the Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : This process as well as definitions of % 591 of 1996) MCL 560.101 et. This information is in large, bold letters at the top of the plat. . this act or the requirements of an applicable local ordinance.. THE MICHIGAN LAND DIVISION ACT. 591 of 1996 and P.A. STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. Region Airport Authority created pursuant to the Airport Authorities Act, MCL Preparing formal papers on your own is difficult and risky. /ModDate (D:20230216211348) Committee: House Resources: Related Items: Data will display when it becomes available. 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. or by his or her heirs, executors, administrators, legal representatives, 380 Mich at 568, I have examined that opinion, This calculation can become more difficult when there have been a series of prior divisions in the chain of title. (2) Subject to subsection (3), the division, together with any previous divisions of the same parent parcel or . LAND DIVISION ACT: . It must meet minimum zoning requirements of size. << /Filter /FlateDecode /Length 5054 >> /Subject () 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). of the Land Division Act that apply to proprietors. parcels are created. /Creator () 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. 11, 1998). The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. Time the legal description of the land Division Tax Certification form defined as the Subdivision Control Act, buyer. Michigan `` buy and Sell Agreement '' when the property is sold identify the when. 1 ). ] Michigan according to the does this unit have a land Division Act public utilities a that! 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