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 1998 Childrens Online Privacy Protection Act (COPPA). and any applicable local land division or zoning ordinance. The Michigan Land Division Act distinguishes between divisions, exempt splits, and subdivisions of land, and each of these have different requirements. corporation, or combination of any of them that holds an ownership interest in
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 parcels; to . of the Land Division Act that apply to proprietors. ownership interest in land whether recorded or not. officer of the
A municipality is not subject to the platting requirements of the Land
31, 1997. . To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. << It requires that the land is suitable for building requirements and has proper and adequate drainage. Brad Neumann, Michigan State University Extension - March 24, 2020. If no, then the local unit would be operating /Contents [47 0 R ] Today they took the first step. << holding title to the lands being platted, execute the plat dedication. Plat Act of 1929, section 2. Thus, the question is
A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . This fee includes the required Land Division Tax Certification form. /Parent 4 0 R 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). Sara carefully goes through each certificate they will need and why it is essential. 49 0 obj >> definition of the term "proprietor" suggested that the Legislature
Determine how many divisions are allowed for that parent parcel. . 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. copyright 2003-2023 Study.com. The Plat Act of 1929 was the predecessor to the Subdivision Control Act. %PDF-1.4 Enrolling in a course lets you earn progress by passing quizzes and exams. County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. Area is the Latin word for a vacant piece of level ground and still carries this common meaning. Other townships don't seem to agree. /Type /Page preliminary plats and submit copies to the authorities specified in the Act. This opinion does not address whether the result in either Capital
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. Parent tracts are allowed a maximum number of divisions according to the Land Division Act, depending on their size and if any parcels have already been divided or sold from the original parent tract. 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. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . 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. In addition, the requirements of the Michigan Land Division Act do not apply when a condominium project is being created pursuant to Michigans Condominium Act, MCL 559.101 et seq. Stanton v City of Battle Creek, 466 Mich 611, 615; 647
An examination of the history of three related acts - the Plat Act of 1929,
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A,#$pOL/Hp I+HH0d@00R Bl (2) Subject to subsection (3), the division, together with any previous divisions of the same parent parcel or . Proprietors certificate: This certificate states that the plat shall include the minimum requirements. /Count 140 /Keywords <> Commission in matters involving petitions for municipal boundary adjustments filed under the State Boundary Commission Act. endobj You indicate that the City of
endobj This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. well as counties) to rehabilitate blighted areas within their political
Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. The size of the original parcel of land designated how many allowable divisions it could undergo. It has also been known as the Plat Act. Honorable Tom Casperson
Michigan Land Title Standards Sixth Edition. Archimedes's square See loculus of Archimedes. LAND DIVISION ACT: . Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. Create your account. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. . that actually share a common boundary. conclusion. Adjacent parcels owned by the same owner were considered the same parcel. 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. and any applicable local land division or View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. ; the "Act") and that no divisions of the Parent parcel have occurred since 1994, or that if there have been divisions of the Parent . boundary adjustment can be made. Division Act that apply to proprietors. Create an account to start this course today. www.ag.state.mi.us)
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. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as
/Type /Page of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). Sorry, the comment form is closed at this time. All Land Divisions including lot line adjustments are They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. The following opinion is presented on-line for informational use only and does not replace the official version. 1978. Oronoko Charter Township charges a $100 fee per land division and/or combination application. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. ,jXamF?O.z4AgJl
(npF("C="Z0:7b&. Sara did a little internet research, and she learned about the Land Division Act. Landowners can take several steps to ensure they are dividing land parcels properly. The application must comply with Section 108 of the Michigan Land Division Act, Michigan Public Act 288 of 1967, as amended (MCL 560.108). /Contents [45 0 R ] In requiring the platting of land,
The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. ]~;x{_o?_nO?/ E 591 of 1996 and P.A. Such "quasi corporations" are
(231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. Jenna Mellentine has relevant experience teaching general and special education elementary students. You have asked whether a municipality is subject to the platting requirements
Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] MLS# 23005969. Eff. -preserve agricultural land. Your question involves the City of Kingsford. Land Division Act : PA 59 of 1978: Condominium Act : Muskegon County Sanitary (Code) Regulations, amended 2005 . The airport authority at issue in Capital Region is more akin to the
<< /Pages 26 0 R /Type /Catalog >> I would definitely recommend Study.com to my colleagues. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. 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. endstream 591 of 1996), MCL 560.101, et.seq.) In the Subdivision Control Act, the Legislature again defines
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. If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. The foremost rule of statutory construction is to effectuate the intent of
3 0 obj city limits. parcels are created. /Length 3089 181 lessons MCL 560.221 provides that a circuit court may . Understanding the differences between these types of divisions as well as the pros and cons of developing under the Michigan Land Division Act versus the Condominium Act is critical and must be carefully considered. When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. platting requirements of the Land Division Act that apply to proprietors. 5 0 obj Michigan-Indiana State Line Remonumentation Act - 2022 PA 81. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] /Type /Pages Then, reality starts to set in. LAND DIVISION ACT (EXCERPT) Act 288 of 1967 560.102 Definitions. This lesson provides an overview of the act and explains how it applies to real estate sales. >> 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. Land Division Act basics for landowners. /ModDate (D:20230216211348) All rights reserved. A 20-29.9 acre parcel is allowed five divisions. As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. This includes changes such as property splits, combinations, lot line County road commissioner's certificate approves the land complies with the rules regarding streets, alleys, roads, and highways. endstream Complied Laws (MCL) 560.101 et. or by his or her heirs, executors, administrators, legal representatives,
Any time unplatted land is being developed, split, or sold, a careful consideration and understanding of the requirements and limitations of the Michigan Land Division Act is necessary. boundaries. 7 a different conclusion is now warranted. /Title () The Michigan Land Division Act is a law that governs how land is separated and used. Date: 10/11/2001 Location: Data will display when it becomes available. 19 chapters | endobj 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. "proprietor" as defined by the Subdivision Control Act and the prior
zoning ordinance. 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. Some townships seem to count one parcel for l Is there specific rules about About lot line adjustments adjustments with property divided by a road.? Prior to 1968, the land division process was governed by the Plat Act of 1929. << final approvals of the preliminary plats. requirements. Enrolling in a course lets you earn progress by passing quizzes and exams. Possession of . Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. 5 PRINCIPLES.OF ANIMAL BIOLOGY BY A. FRANKLIN SHULL Pro/et!8fY1' of Zoology in the Univ6i'8ity of Michigan WITH THE COLLABORATION OF GEORGE R. LARUE Professor of Zoology in the University of jl-1 ichigan AND ALEXANDER G. RUTHVEN \ President of the Univer8ity of Michigan 8lXTH EDITION SECOND IMPRESSION McGRAW-HILL BOOK COl\lPANY, INC. NEW YORK AND LONDON 1946 << As used in this act: . municipalities. Regardless, of The landowner will then have the number of parcels the remaining parent parcel can be divided into. Explore the requirements needed and potential consequences. Mar. 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 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections
County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. This process as well as definitions of Therefore, we do NOT have ANY forms available in . partnership, corporation, or combination of any of them that holds an
Please call us at (248) 477-6300. /Metadata 3 0 R LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. 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 . Some townships seem to count one parcel for land division even if it is divided by the road. Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. 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. /Resources 50 0 R "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey. municipality . << /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 [] >> The Land Division Act regulates how land is divided and how it is developed. 1982, Act 529, Eff. 2 0 obj Seq. 560.111(l). A common definition of adjacent provided by Webster is having a common Leelanau County, Michigan LAND DIVISION ORDINANCE NO. year, or of building development that results in 1 or more parcels of less
Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. /Pages 4 0 R "municipality" within the definition of "proprietor" in 1967
made by a registered civil engineer or surveyor. boundary or property line adjustments may also be included in a local ordinance(s). >> Michigan Supreme Court observed that the Legislature has the authority to
. /Resources 46 0 R stream Mar. Noting that nothing in the Land Division Act's
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 . Consistent with its understanding that the term "proprietor" did not
stream the Legislature. Am. The Capital Region case is distinguishable from the issue presented in
May 31, 2016. OAG 5391. ;--
History: 1967, Act 288, Eff. 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. The attorneys at our office in St. Joseph, Michigan can help you with this issue. 181 lessons of 1967, as amended (particularly by P.A. 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. Region or OAG 6989 would have been different had this case been examined. Mobile Home Commission Act - 1987 PA 96. A plat must include a survey, legal description of the land, and a unique name for that County. all resulting parcels are larger than 40 acres. Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. . The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. /Outlines 5 0 R proprietor thereof shall cause a survey and three true plats thereof to be
under the state LDA. Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. Failure to comply with the Land Division Act has severe consequences. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. 380 Mich at 568,
This form must be filed by an owner of a parent parcel or parent tract of land when the owner creates a parcel from the parent parcel or parent tract and transfers the right to make a further . County drain commissioner certificate: This meets approval for stormwater drainage requirements. [MCL 560.103(4).]. Fees. This form is designed to comply with Sec. 1929 PA 172, formerly MCL 560.1 et seq; the Subdivision Control Act; and
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. 102. It must have a depth-to-width ratio not narrower than 4:1. Building Authorities Act was exempt from the requirements of the Land Division
If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. 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. 1996. michigan land division act was created in an effort to-. Instant Reports. Municipality governing board's certificate will identify if there is a minimum lot width requirement, if the land is served by public sewer and water, and if the land is in compliance with zoning and subdivision control ordinances. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) Region Airport Authority created pursuant to the Airport Authorities Act, MCL
A proprietor who subdivides land is subject to the platting requirements of the Land . >> quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five
<< /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. In that case, the
A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. 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 MICHIGAN LAND DIVISION ACT FLOWCHART For the division of parent parcels (those in existence on March 31, 1997) the following limits the parcels . The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . Then the new parcel can be marketed and sold. 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). The Court rejected the airport authority's argument that it
Simply stating in the deed that the right to make all divisions was included in the sale was not an option. Section 13 of the Plat Act required that the proprietor, i.e., the person
line adjustment will still be reviewed to determine that the two parcels are Many local units have interpreted however, discloses one case requiring further consideration to determine whether
This form is designed to comply with Sec. regulates the division of land and requires the filing of plats by certain
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