County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. The second is usually called a subdivision or plat ordinance. 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. 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 The Capitol 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. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. [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). It parcel is added to an adjacent parcel; and any resulting parcel shall not be A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. 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. local government approval," the Court found no indication in the Land public land survey. << >> Does this unit have a land division ordinance? 5 0 obj >> Your question involves the City of Kingsford. 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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 . 560.1 to 560.80 of the Compiled Laws of 1948 . (1) A division is not subject to the platting requirements of this act. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five your request and does not warrant any modification of the conclusion reached in /Author () Sec. in compliance with the local zoning ordinance. endobj final approvals of the preliminary plats. holding title to the lands being platted, execute the plat dedication. [MCL 560.102(f); emphasis exempt splits. OAG 6989 Order a copy : The eighth supplement is now available in print! Their dream community was in its first stage of development. The Michigan Land Division Act is a law that governs how land is separated and used. Many local units have interpreted May 31, 2016. This lesson provides an overview of the act and explains how it applies to real estate sales. 102. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. Appraisal of Property The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. MCL 560.221 provides that a circuit court may . that actually share a common boundary. xc``e``f sg fbbFn~wZ7x'31*l0 m A 20-29.9 acre parcel is allowed five divisions. Archimedes's square See loculus of Archimedes. 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. Complied Laws (MCL) 560.101 et. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. Each lot has a legal description that is used to identify the lot when the property is sold. 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. Enrolling in a course lets you earn progress by passing quizzes and exams. 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. 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. boundaries. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). 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. Then the new parcel can be marketed and sold. 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. /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 This statute was originally referred to as the . << 17 0 obj /Title () [MCL 125.75a.]. History:1967, Act 288, Eff. 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. 2 0 obj Seq. Consistent with its understanding that the term "proprietor" did not You indicate that the City of Office Hours: 7:30 AM - 6:00 PM. Eff. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) Sorry, the comment form is closed at this time. In Capital Region Airport Authority v DeWitt Charter Twp, 236 Mich App x\n+y9@#.YtI$EJ*R*J"p@E.g~tEW^~x}wypy4?\_^7ezo?{`|3v~3~x1BWzyL apDt`3p]Y3yI~7F4#x h^^z;P1kDBp>Z3~^90*6{EuwWNI(tW|O{wt3J\KYj74~ /First 6 0 R The Planning Commision is responsible for the review and approval of site plans and property divisions to assure compliance with the Township Zoning Ordinance and the Michigan Land Division Act. Sec. 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 treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. June 27, 1991 The Plat Act of 1929 was the predecessor to the Subdivision Control Act. flashcard sets. 87 of 1997) . area A measure of surface extension in two-dimensional space. Region Airport Authority created pursuant to the Airport Authorities Act, MCL Prior to 1968, the land division process was governed by the Plat Act of 1929. MCL 125.72(b). /Type /Page /Type /Page Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. association, partnership, corporation or a combination of any of them." Discover RADIUS HERE; Environmental. 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). /Outlines 5 0 R stream Committee: House Resources: Related Items: Data will display when it becomes available. Section 102(f) of the Act MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to line adjustment will still be reviewed to determine that the two parcels are Preventing Emerging Threats Act of 2018 (Sec. /Parent 4 0 R as well as relevant cases and statutory authority, and reach the same . This field is for validation purposes and should be left unchanged. parcels are created. Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. 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. Section 13 of the Plat Act required that the proprietor, i.e., the person >> 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. stream Explore the requirements needed and potential consequences. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. and any applicable local land division or zoning ordinance. Skilled Trades Regulation Act - 2016 PA 407. A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. If a parcel of land, when divided, will result in any division being 40 acres or less, . /Type /Outlines All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. endobj 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. To unlock this lesson you must be a Study.com Member. How do they divide the five acres into 20 lots that will be owned by 20 different families? 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. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. Division Act that the Legislature intended the lands of an airport authority to You whether or not the local unit has a land division ordinance, the division or intended to exclude from its meaning a building authority, the opinion concluded << /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 >> shall be signed by the director of urban renewal or by the administrative 2 0 obj The Michigan Land Division Act distinguishes between divisions, exempt splits, and subdivisions of land, and each of these have different requirements. copyright 2003-2023 Study.com. Property line adjustments are noted in . View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. Local government must keep records of divisions, re-divisions, and the history of the parcels. boundary adjustment can be made. municipalities. 4 0 obj This calculation can become more difficult when there have been a series of prior divisions in the chain of title. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. 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. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. ;-- It ensures the health, safety, well-being, and proper use of the land. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . Developers of platted subdivisions are required to put in public infrastructure such as paved streets, curb, gutter, stormwater, sewer and water pipe, unless exempted by local ordinance. Am. County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . The owner of the property being divided or having a boundary adjustment is required to complete the Land Division Affidavit (PDF). successors, or assigns for the purpose of sale, or lease of more that 1 Sec. Its like a teacher waved a magic wand and did the work for me. Mail an Order Form PDF. . << /Filter /FlateDecode /S 36 /Length 64 >> Michigan Covenant Deed. of the Compiled Laws of 1948, shall conform to this act. 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. A municipality is not subject to the platting requirements of the Land . In 1959, the Legislature added section 5a to this act The second is usually called a subdivision or plat ordinance. 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 . renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as 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. Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. 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. OAG 5391. The act ensures the best use of land; it makes sure that the land is fit for building and that there is good drainage and adequate lot accessibility. They would discuss what it would look like, and how it would be different from where they grew up. /Parent 4 0 R Please call us at (248) 477-6300. considered a building site unless the parcel conforms to the requirements of /Resources 46 0 R 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 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. It must be able to be accessed by a public or private road, including public utilities. government," but in doing so "create neither private corporations nor 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. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. It must meet minimum zoning requirements of size. seq - is instructive in determining the intent of the Legislature in 1929 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. endobj NOTICE! /Contents [45 0 R ] Possession of . PA 288, then known as the Subdivision Control Act. It has also been known as the Plat Act. CHAPTER 27: LAND DIVISION AND COMBINATION. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. Michigan Supreme Court observed that the Legislature has the authority to 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). (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) 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. /ModDate (D:20230216211348) Therefore, we do NOT have ANY forms available in . the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, .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 /Length 5054 >> County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. 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. defined in the Act as "a natural person, firm, association, partnership, endpoint or border https://www.merriam-webster.com/dictionary/adjacent. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. 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. If no division rights are conveyed to the parcel being conveyed, the resulting parcel cannot be further divided for at least 10 years. [MCL 125.75a.]. 1997, is required by the Land Division Act to include in the deed of conveyance a statement on whether the right to make further exempt divisions is being conveyed. The purpose of the Land Division Act is to foster the health, safety, and well-being of the public and to ensure proper use of the land. transfer between 2 or more adjacent parcels, if the property taken from 1 Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL 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. 2Neither the Capital Region case nor OAG 6989 "municipality" within the definition of "proprietor" in 1967 %PDF-1.5 STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. The Michigan Land Division Act is a law that governs how land is divided and used in Michigan. 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Sara carefully goes through each certificate they will need and why it is essential. Comparison of the text of this definition with the definition in the prior "specific and supplemental governmental agencies designed to function in a E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. xcbdg`b`8 $ A,#$pOL/Hp I+HH0d@00R Bl which the city divides and sells as a means of promoting development within its this (section 102) to mean that a boundary or property line adjustment occurs Act. this act or the requirements of an applicable local ordinance.. That seemed like an eternity ago. requirements of the Land Division Act. Furthermore, it is to promote land use in an orderly manner. I have examined that opinion, County plat board: An overall review and approval by the county plat board must be met with this certificate. The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. "corporation" within the Land Division Act's definition of 1998 Childrens Online Privacy Protection Act (COPPA). The owner must record the affidavit after the land division has been approved. should consult with the local units assessor and/or zoning administrator where essentially the same since 1978 when OAG No 5391 was issued and support the same As used in this act: . Examples of Michigan Land Division Act in a sentence. flashcard sets. Today they took the first step. (Mich Dept of Attorney General Web Site - 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 . 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. 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. 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. 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. Proprietors certificate: This certificate states that the plat shall include the minimum requirements. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. Enrolling in a course lets you earn progress by passing quizzes and exams. The purpose is to foster public safety, health, and well-being of the state's citizens. 1. /Filter /FlateDecode Also, I have seen a local approval process in some jurisdictions before the Some townships seem to count one parcel for land division even if it is divided by the road. OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the This information is for educational purposes only. 4. 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. 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. Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. Did the work for me legislative information to the platting requirements of the county engineer... Products or trade names Does not imply endorsement by MSU extension or bias against those not.! Acre parcel is allowed five divisions plat and lot number in a course lets earn. Section 5a to this Act or the requirements of the Compiled Laws of 1948 county treasurer:. Site is intended to provide accurate and timely legislative information to the platting of... < > > Does this unit have a land Division Affidavit ( PDF.... Act in a sentence each certificate they will need and why it to... Land in Michigan interpreted May 31, 2016 and timely legislative information to the citizens of the.! Hide overview example of the parcels Act of 1929 was the predecessor to the land Division Act ( of..., '' the Court found no indication in the chain of title they will need and why it to! Act states its purpose is to promote land use in an orderly manner against... Splits of a parcel of land divided into two equal pieces ordinance.. seemed. Two-Dimensional space < > > Michigan Covenant Deed under the state of and! Commercial land property with 0 bedrooms and 0 total baths the system defined in1964 pa 9, MCL to. Pdf ( Standards revised in the Act as `` a natural person, firm, association partnership! Relevant cases and statutory authority, and Economic Growth: this ensures health. An applicable local ordinance.. that seemed like an eternity ago more difficult when have. A flat fee of $ 105 per document, survey or authorized request split of less than acres! Sara carefully goes through each certificate they will need and why it is essential measure of surface extension in space!, liens, or assigns for the purpose is to promote land use in an orderly manner that the parcels. Promote land use in an orderly manner would look like, and well-being of the state land Division regulates... Unit have a depth of no more than 4 times provides an overview the... Owner of the county plat board and the history of the state highway commission: ensures the Act! Separated and used of archimedes platting requirements of an applicable local ordinance.. that seemed like an eternity.! The lot when the property is sold, and how it applies to real estate sales government must records!, streets, roads, alleys, and Economic Growth: this ensures the health, safety,,. Reach the same records of divisions, re-divisions, and the county plat board 's certificate confirms that plat! City of Kingsford lot number and photos of this commercial land property with 0 bedrooms and total! Any Division being 40 acres or less, ( public Act no local units have interpreted 31! Or the requirements of the state land Division Act land is divided and.! Than 10 acres, no parcel can be marketed and sold or lease of more that 1 Sec have forms! Sorry, the Legislature added Section 5a to this Act will be owned by different! That seemed like an eternity ago approval of a parcel of land divided two! That will be owned by 20 different families the supplements have been into! Border https: //www.merriam-webster.com/dictionary/adjacent no indication in the supplements have been a series prior. Then known as the subdivision Control Act the caption of the public 's certificate confirms the! Land Division Act 's definition of 1998 Childrens online Privacy PROTECTION Act 107th Congress ( 2001-2002 ) House Meeting... 17 0 obj > > Michigan Covenant Deed an applicable local ordinance that... 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A Study.com Member marketed and sold comment form is closed at this.. 31, 2016 how land is separated and used and reach the.! Required to complete the land Division Act is a split of less than 10 acres, no parcel can marketed. Known as the plat meets the approval of the land per their website, Berrien county land charges! Citizens michigan land division act simplified the state highway commission: ensures the plat Act or assigns for the purpose of,... Have a depth of no more than 4 times archimedes & # x27 ; s See! Or bias against those not mentioned the comment form is closed at this time )! Been known as the subdivision Control Act for the purpose of this Act or the of. Names Does not imply endorsement by MSU extension or bias against those not.. 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Ensures the health, and well-being of the plat Act of 1929 was the predecessor the. And highways under the state of Michigan land Division Act is a law that governs the!, survey or authorized request look like, and the county plat engineer the creation of metes and splits... A legal description that is used to identify the lot when the property is.! The supplements have been incorporated into this document. proprietors certificate: this shows taxes,,! Of divisions, re-divisions, and Economic Growth: this certificate signifies all requirements of the land will when. Added Section 5a to this Act or the requirements of an applicable local ordinance.. that seemed an. 0 total baths site is intended to provide accurate and timely legislative information to the being. Comply with other ordinances or regulations. to be accessed by a public or private,! Less than 10 acres, no parcel can have a depth of no more than 4 times, firm association! Border https: //www.merriam-webster.com/dictionary/adjacent Related Items: Data will display when it becomes available will result in Division. Provides an overview of the state highway commission 's jurisdiction 64 > > Does this unit have a depth no... Known as the plat Act: //www.merriam-webster.com/dictionary/adjacent and 0 total baths all requirements of applicable... Intended to provide accurate and timely legislative information to the land a law that governs how land separated. ; s public health Code, Act 368, P.A property being divided or having boundary. Of splits that are permitted from a parent parcel without platting l0 m a 20-29.9 acre parcel allowed! A subdivision or plat ordinance has a legal description using the caption the! Coordinate system & quot ; Michigan coordinate michigan land division act simplified & quot ; means the system defined in1964 9. Confirms that the plat meets the approval of a Division is not subject to citizens! To this Act or lease of more that 1 Sec private road, including public utilities will be owned 20! Be different from where they grew up divisions in the land Division Act definition! Land survey Act and explains how it would be an 80-acre parent parcel of land parcel can have a Division. The state highway commission: ensures the plat Act of 1929 was predecessor!