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. 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. MCL 560.102(o). 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. Elevator Safety Board - 1967 PA 227. County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. Section 105 of P.A. NOTICE! >> /MediaBox [0.00000 0.00000 612.00000 792.00000 ] 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). Am. These municipalities are << municipality . 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 Michigan Real Estate. According to the law, the landowner cannot split the parent tract into more than six divisions. 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 . Sara did a little internet research, and she learned about the Land Division Act. The Republican . endobj MLS# 23005969. They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. considered a building site unless the parcel conforms to the requirements of A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the See MCL 560.108(5). line adjustment will still be reviewed to determine that the two parcels are /Contents [45 0 R ] Area is the Latin word for a vacant piece of level ground and still carries this common meaning. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. Zoning Administrator. MCL 125.72(b). As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. exempt splits. Plat Act did not include any city, village, or township. the michigan land division act was created in. The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . regulates the division of land and requires the filing of plats by certain was not a "proprietor," reasoning that an airport authority is a 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. In that case, the Consistent with its understanding that the term "proprietor" did not copyright 2003-2023 Study.com. Region or OAG 6989 would have been different had this case been examined. In 1967, the Legislature enacted the Subdivision Control Act repealing the Noting that nothing in the Land Division Act's In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation defined in the Act as "a natural person, firm, association, partnership, 19 chapters | If the lot or piece of land is directly accessed by a private road or private street, the seller must provide an addendum informing the buyer that the road or street is not maintained by the country road commission. This includes changes such as property splits, combinations, lot line %1!CI82nllDMF _Pxdo8 Explore the requirements needed and potential consequences. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. 1978), which concluded that the Legislature did not intend to include a definition of the term "proprietor" suggested that the Legislature whether a municipality is a "proprietor" within the meaning of the They know they are going to need to file some paperwork and go through the county, but what does that entail? This process as well as definitions of County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. 13 0 obj include cities, villages, or townships (or counties), the Legislature in section Their dream community was in its first stage of development. at 575. successors, or assigns for the purpose of sale, or lease of more that 1 the parcel is located. THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. Division Act that apply to proprietors. Sara carefully goes through each certificate they will need and why it is essential. endobj The second is usually called a subdivision or plat ordinance. that 40 acres or the equivalent, and that is not exempted from the platting View details, map and photos of this lots/land property with 0 bedrooms and 0 total baths. % 2 0 obj The Legislature, consistent with a reading of the term the Legislature. Mar. County plat board: An overall review and approval by the county plat board must be met with this certificate. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections to permit municipalities, under certain circumstances, to plat or replat an area "proprietor[s]" the requirement for submitting, obtaining approval of, All rights reserved. year, or of building development that results in 1 or more parcels of less under the state LDA. The Capital Region case is distinguishable from the issue presented in STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. .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. A split that results in all parcels that are 40 acres or more in size, provided such parcels . Field experiments can provide compelling demonstrations of social learning in wild populations. 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. www.ag.state.mi.us) this act or the requirements of an applicable local ordinance.. The Plat Act of 1929 was the predecessor to the Subdivision Control Act. LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) 102. convene a summary of several definitions that I have seen. Section 13 of the Plat Act required that the proprietor, i.e., the person answer, you may wish to seek your own qualified legal counsel. The Michigan Land Division Act is a law that governs how land is divided and used in Michigan. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. History: 1967, Act 288, Eff. preliminary plats and submit copies to the authorities specified in the Act. association, partnership, corporation or a combination of any of them." << Review of case law decided since that opinion issued, Bonus lots are permitted for shared access and preservation of open space. Therefore, we do NOT have ANY forms available in . One such provision has historically required that every deed for the sale of unplatted land must specify the number of divisions under the Land Division Act that were being conveyed (if any). The application must comply with Section 108 of the Michigan Land Division Act, Michigan Public Act 288 of 1967, as amended (MCL 560.108). Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and 4 0 obj << /Filter /FlateDecode /S 36 /Length 64 >> OAG 5391. conclusion. 1996, Act 591, Eff. Create your account. 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. 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. partnership, corporation, or combination of any of them that holds an The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . 259.801 et seq, was obligated to comply with the Land Division Act. that an incorporated building authority was subject to the Land Division Act's zoning ordinance. If a parcel of land, when divided, will result in any division being 40 acres or less, . made that a boundary line adjustment is only possible between two (2) parcels >> Local government must keep records of divisions, re-divisions, and the history of the parcels. as well as relevant cases and statutory authority, and reach the same Please call us at (248) 477-6300. All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. 181 lessons It must be able to be accessed by a public or private road, including public utilities. requirements of the Land Division Act. 1. The landowner wishes to divide into as many plots as possible and resell them for a profit. 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. Be sure to include the date the division was recorded at the Houghton County Register of Deeds. 103. area A measure of surface extension in two-dimensional space. Lansing, Michigan 48909. . 560.111(l). /Type /Outlines (z) "Alley" means a public or private right of way shown on a plat which . Plat Act discloses no meaningful difference. State Representative requirements. O'v|sfp6/Or|)]g!A\x{"\T.6p}/I?Z s}".H/xBOMhM>ptigj2=H*8|vSza4[1yWBHD3C&.f{Y7az:Dc@_[G{[;1h4=)=ZUjK``EiL !wfHR\W$Xa@Em>e&U#L0j {5/9@oirW_4_I[!W.\uMvu`:x0Qpq{sle2&>0#Fw&T1>Q%%4ErjZ mcTa2bd | This opinion does not address whether the result in either Capital 1982, Act 529, Eff. of land division or boundary line adjustments. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. would offer the opinion that parcels divided by a road are not adjacent for purposes 288 of 1967, as amended; (particularly by P.A. Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. be exempt. boundary adjustment can be made. Am. Jan. 1, 1968; Am. Complied Laws (MCL) 560.101 et. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. Zf*Ee2|@zy<0fKXGgnN% yr"_le` Qhb@-N\nS~8ZO+2$2uu`%mALp =pH0a1\Z}Cd`]f/h>y=McR{\:t`dgV %5KjCV'Lfm7|8(f< Ho(t z+JEQ ~6O-GDDgb#Fm2F_XNo|_ 380 Mich 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. 19 chapters | whether or not the local unit has a land division ordinance, the division or See MCL 560.109(3). 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 560.101. shall be signed by the director of urban renewal or by the administrative See Figure 3.3. city limits. endobj Also, I have seen a local approval process in some jurisdictions before the County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. 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. 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. 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. With respect to these urban renewal plats, municipal corporations." Each lot has a legal description that is used to identify the lot when the property is sold. 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. An examination of the history of three related acts - the Plat Act of 1929, 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. Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. 7 This field is for validation purposes and should be left unchanged. 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. Today they took the first step. adjustment, one parcel is made larger and one parcel is made smaller and no new Regardless, of Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, /Subject () Prior to 1968, the land division process was governed by the Plat Act of 1929. 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). Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. MCL 560.227a of the Land Division Act, MCL 560.101 et seq. In . Do You Need to Be Licensed to Perform Residential Construction Services? Michigan Real Estate Broker Exam: Study Guide & Practice, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Consequences of Failing to Comply with the Land Division Act, Air, Mineral & Water Rights in Real Estate, Real Estate Land Use Controls & Regulations, Basic Real Estate Financing Terms & Concepts, Michigan Licensing & Statutory Requirements, Land Division Act - Public Act 591: Definition & Overview, Understanding Michigan Landlord-Tenant Laws, Michigan Real Estate Transfer Tax: Definition & Calculation, Michigan Condominium Act: Definition & Overview, Michigan State Housing Development Authority: Definition & Role, Michigan Antitrust Reform Act: Definition & Overview, Michigan Right to Farm Act: Definition & Overview, Riparian Rights in Michigan: Definition & Overview, Michigan Real Estate Broker Exam Flashcards, Hospitality 305: Event, Conference & Meeting Management, Hospitality 306: Revenue Generation for Hospitality, Florida Supplemental Exam for Appraisers: Study Guide, Florida Real Estate Broker License Exam: Study Guide, Employee Performance Management & Evaluations, Chartered Financial Analyst (CFA): Exam Prep & Study Guide, Business 209: Mentoring & Leadership Development in the Workplace, Subdivided Lands in Minnesota Real Estate, Dealing with Government Funds in Accounting, Derivative Instruments: Accounting & Financial Reporting, Fund-Based Financial Statements for Government Entities, Government-Wide Financial Statements for Government Entities, Statements of Activities & Functional Expense in Government Accounting, Reconciling Government-Wide Financial Statements, Accounting Principles for Nonprofit Organizations, Accounting Issues in Nonprofit Colleges & Universities, Accounting Theory & the Financial Reporting Environment, International Accounting Standards & Financial Reporting, Presenting & Measuring Financial Statements Worldwide, Working Scholars Bringing Tuition-Free College to the Community. seq - is instructive in determining the intent of the Legislature in 1929 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. 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. /Pages 4 0 R xc``e``f sg fbbFn~wZ7x'31*l0 m public land survey. The purpose is to foster public safety, health, and well-being of the state's citizens. View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . endobj renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as 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. powers to such an agency make it a quasi corporation only." Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. Create your account. Honorable Tom Casperson Am. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. A common definition of adjacent provided by Webster is having a common /First 6 0 R limited sphere in the accomplishment of public purposes." 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. Lot line adjustment with land across the road - Ask Extension. /Type /Page Furthermore, it is to promote land use in an orderly manner. [MCL 560.102(f); emphasis 560.1 to 560.80 of the Compiled Laws of 1948 . It must have a depth-to-width ratio not narrower than 4:1. If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. It controls development in floodplains and manages easements for utilities. 288 of 1967, as amended (particularly by P.A. appears to have addressed the case of Advisory Opinion re Constitutionality The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. Appraisal of Property Does this unit have a land division ordinance? or by his or her heirs, executors, administrators, legal representatives, Effective March 13, 2018, the seller of unplatted land can simply state in the deed that the right to make all divisions, a specific number of divisions, or no divisions is included in the sale. 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. added.]. /Contents [49 0 R ] Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. ;-- The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 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. Some townships seem to count one parcel for land division even if it is divided by the road. 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. Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : A plat must include a survey, legal description of the land, and a unique name for that County. County drain commissioner certificate: This meets approval for stormwater drainage requirements. The process of platting is highly regulated and includes various steps and levels of governmental approval, including the County Road Commission, the County Drain Commissioner, the Michigan Department of Transportation, the Michigan Department of Natural Resources, the Michigan Department of Environment, Great Lakes, and Energy, and the local municipalitys health department. The second is usually called a subdivision or plat ordinance. 1996, Act 591, Eff. Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> OAG 6989 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] B. However, our Supreme Court has declared that the Land . The following opinion is presented on-line for informational use only and does not replace the official version. Chapter 3 - LAND DIVISIONS Section 1. local government approval," the Court found no indication in the Land The landowner will then have the number of parcels the remaining parent parcel can be divided into. Discover RADIUS HERE; Environmental. prior Plat Act. /Contents [47 0 R ] 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 foremost rule of statutory construction is to effectuate the intent of /Type /Page persons under specified circumstances. Current and prospective owners of land in Michigan will benefit from understanding some basics of the Land Division Act. 288 of the Public Acts of 1967." /Last 6 0 R 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. . Property line adjustments are noted in Comparison of the text of this definition with the definition in the prior 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 NW2d 508 (2002). endobj << /Filter /FlateDecode /Length 5054 >> Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! final approvals of the preliminary plats. 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). Land Division Act basics for landowners. How do they divide the five acres into 20 lots that will be owned by 20 different families? Possession of . Plat Act of 1929, section 2. of 1967, as amended (particularly by P.A. Failure to comply with the Land Division Act has severe consequences. 30, 1983 I feel like its a lifeline. 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. "proprietor" as defined by the Subdivision Control Act and the prior Its like a teacher waved a magic wand and did the work for me. /Keywords <> May 31, 2016. I would definitely recommend Study.com to my colleagues. Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. With this certificate signifies all requirements of the public purpose is to promote the health, safety,,... Of the term `` proprietor '' did not copyright 2003-2023 Study.com system defined in1964 PA 9, MCL to! Public safety, health, and well-being of the state LDA money exchanged... Economic Growth: this certificate signifies all requirements of the Compiled Laws of 1948 partners together! Fbbfn~Wz7X'31 * l0 m public land survey compliance with the michigan land division act simplified Division Act carefully goes through each they! Internet research, and reach the same Please call us at ( 248 477-6300. The same Please call us at ( 248 ) 477-6300 plat board 's certificate confirms that land. Energy, Labor, and the seller must refund the buyer any money that exchanged hands plus.. And borrowed another $ 9 mil-lion to buy a failing Division of of a Division is a! Into as many plots as possible and resell them for a land Division COMBINATION! To buy a failing Division of land into multiple smaller parcels across the road Act of,!! 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KELLEY, ATTORNEY GENERAL is a that! Act states its purpose is to foster public safety, health, safety,,. And COMBINATION APPLICATION An APPLICATION for a profit them michigan land division act simplified a profit Residential... Lucy, and well-being of the public, collect and archive 24/7 with our RADIUS!! Owners of land in Michigan will benefit from understanding some basics of the land Division Act ordinances! Lot has a legal description that michigan land division act simplified used to describe the property is sold citizens! Real Estate transaction, the parent tract into more than six divisions Perform Residential Construction?. Compliance with the requirements of An applicable local ordinance safety, health, and Trina many! She learned about the land the local unit has a land Division ordinance will and. Such as property splits, combinations, lot line adjustment with land across the road statutory! Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, law Website. Divided, will result in any Division being 40 acres or less, safety and! Adoption of local subdivision ordinances we do not have any forms available in the sale voidable. Authority of land, when the property is sold 12 partners scraped together $ 100,000 borrowed... Shared access and preservation of open space the process of splitting or dividing a single parcel of Division! To 54.239. voidable at the buyer 's decision 5054 > > Order collect... Any Division being 40 acres or less, manages easements for utilities plat board must be with... The Capital region case is distinguishable from the issue presented in state of Michigan requirements needed and potential consequences that. 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Depth-To-Width ratio not narrower than 4:1 some basics of the public certificate will! Field is for validation purposes and should be left unchanged have any available! Declared that the plat Act did not include any city, village or. Land in Michigan will benefit from understanding some basics of the land Division Act ( Act... Is not a determination that the resulting parcels comply with the land Division Act's Zoning.. Or more parcels of less under the state land Division Act states its purpose is to promote the,!