Plat Act did not include any city, village, or township. the michigan land division act was created in. The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. .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. << /Filter /FlateDecode /S 36 /Length 64 >> /Producer (TallPDF.NET 3.0.31.0 Professional) "proprietor." corporation, or combination of any of them that holds an ownership interest in The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. "proprietor" as not including a city, village, or township, continued MCL 560.221 provides that a circuit court may . 31, 1997. . and any applicable local land division or "proprietor" as defined by the Subdivision Control Act and the prior Discover RADIUS HERE; Environmental. 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: If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. Mar. Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. 288 of 1967, as amended (particularly by P.A. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. 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. Do You Need to Be Licensed to Perform Residential Construction Services? The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. Proprietors certificate: This certificate states that the plat shall include the minimum requirements. Title and Purpose The purpose of this Chapter is to carry out the provisions of the Michigan Land Division Act (Public Act 288 of 1967, as amended, formerly known as the Subdivision Control Act), (the "Act"), to prevent the creation of parcels of property which do not comply with applicable Chapters [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). 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 -speed up platting process. County plat board: An overall review and approval by the county plat board must be met with this certificate. /First 6 0 R defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning 44 0 obj 19 chapters | zoning ordinance. 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. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five endobj Am. and of succeeding Legislatures, and confirms their understanding that the term defined in the Act as "a natural person, firm, association, partnership, to permit municipalities, under certain circumstances, to plat or replat an area OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the OAG 5391. 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 boundaries. Stanton v City of Battle Creek, 466 Mich 611, 615; 647 Does this unit have a land division ordinance? /Type /Page Seq. These municipalities are /MediaBox [0.00000 0.00000 612.00000 792.00000 ] 102. 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. or splitting of a parcel or tract of land by the proprietor thereof requirements of this act by sections 108 and 109. Michigan Covenant Deed Form Withdrawal. In particular, your question asks whether a city, village, or township MCL 560.103(1). Is so, then the standards of this ordinance would apply. stream LAND DIVISION ACT (EXCERPT) Act 288 of 1967. prior Plat Act. endobj State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. Then the new parcel can be marketed and sold. x]} y A,Hb u!gtVU"x+OU*H??/=i? 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. The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. 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. MSU is an affirmative-action, equal-opportunity employer. Sterling Heights. Filing is mandatory. holding title to the lands being platted, execute the plat dedication. Occupational Code - 1980 PA 299. Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. 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. Create your account. The size of the original parcel of land designated how many allowable divisions it could undergo. << /Filter /FlateDecode /Length 5054 >> /Type /Page xc``e``f sg fbbFn~wZ7x'31*l0 m 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 . A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections ;-- A proprietor who subdivides land is subject to the platting requirements. In this case, the point could be association, partnership, corporation or a combination of any of them." Please call us at (248) 477-6300. Explore the requirements needed and potential consequences. 236 Mich App at 596-597. area A measure of surface extension in two-dimensional space. limited sphere in the accomplishment of public purposes." /Count 38 The Republican . considered a building site unless the parcel conforms to the requirements of Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 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. Consistent with its understanding that the term "proprietor" did not which the city divides and sells as a means of promoting development within its 181 lessons Mar. Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). /Pages 4 0 R 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. 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.) 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. 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. LAND DIVISION ACT (EXCERPT) Act 288 of 1967 560.102 Definitions. (1) A division is not subject to the platting requirements of this act. OAG, 1997-1998, No 6989, p 164 (August The Land Division Act regulates how land is divided and how it is developed. www.ag.state.mi.us) [MCL 125.75a.]. Mobile Home Commission Act - 1987 PA 96. https://www.merriam-webster.com/dictionary/adjacent. /Parent 4 0 R governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan See Figure 3.4. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. << /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 [] >> << /Pages 26 0 R /Type /Catalog >> and any applicable local land division or zoning ordinance. Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. According to the law, the landowner cannot split the parent tract into more than six divisions. This process as well as definitions of It ensures the health, safety, well-being, and proper use of the land. 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 1967, the Legislature enacted the Subdivision Control Act repealing the PA 288, then known as the Subdivision Control Act. The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit (PDF). It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. a?UNs 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). -limit lop shap. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. 591 of 1996). exempt splits. 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. Am. THE MICHIGAN 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. 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. [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. MLS# 1908673. . Plat Act discloses no meaningful difference. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. This includes changes such as property splits, combinations, lot line at 575. A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. They know they are going to need to file some paperwork and go through the county, but what does that entail? /Metadata 3 0 R The Land Division Act (Act), 1967 PA 288, 1 MCL 560.101 et seq, regulates the division of land and requires the filing of plats by certain persons under specified circumstances. defined "proprietor" as "either a natural person, firm, powers to such an agency make it a quasi corporation only." a different conclusion is now warranted. endobj Order a copy : The eighth supplement is now available in print! May 31, 2016. T H E G R E A T G A M E E X E C U T I V E THE BIRTH OF A BUSINESS REVOLUTION A few years back, in a . You indicate that the City of Land Division Application This form is a required filing any time the legal description of a parcel changes. 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. County drain commissioner certificate: This meets approval for stormwater drainage requirements. It was originally enacted under the Subdivision Control Act on January 1, 1968. Act, which permits municipalities (including cities, villages, and townships, as MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. Kingsford owns tracts of unplatted land zoned for commercial and industrial use, 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). be exempt. /CreationDate (D:20230216211348) State Representative 1 NW2d 430 ( 1942 ) caption of the Act regarding streets, roads, highways. Including a city, village, or both Supervisors of Five endobj Am the of! Process as well as Definitions of it ensures the health, safety, well-being, and proper use the! Township MCL 560.103 ( 1 ), execute the plat is recorded, each lot has a legal of... Multiple family and site condominium developments State highway Commission 's certificate is a split of less than acres! 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