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. I The foremost rule of statutory construction is to effectuate the intent of Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. Section 108 of the Michigan Land Division Act, MCL 560.108, provides, among other requirements, that a division may result in a maximum of the following number of parcels: (a) for the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels; (b) for each whole 10 acres in excess of the first 10 acres in the parent parcel or parent tract, 1 additional parcel, for up to a maximum of 11 additional parcels; (c) for each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract, 1 additional parcel. Sterling Heights. 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. The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. 7 0 obj 591 of 1996). Section 105 of P.A. that 40 acres or the equivalent, and that is not exempted from the platting Commission in matters involving petitions for municipal boundary adjustments filed under the State Boundary Commission Act. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. The Land Division Act controls how land is divided and how it is developed. ;-- The landowner will then have the number of parcels the remaining parent parcel can be divided into. Due to the complicated and lengthy process required to plat a subdivision under the Michigan Land Division Act, many developers have moved away from platting and have begun creating condominiums (including site condominiums) under the Michigan Condominium Act. Am. examined the question of whether a building authority incorporated under the Eff. prior Plat Act. She has a degree in Elementary Education from Western Governors University and is certified in the state of Michigan to teach Kindergarten through 8th grade. 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. Is there specific rules about About lot line adjustments adjustments with property divided by a road.? of the Compiled Laws of 1948, shall conform to this act. >> which the city divides and sells as a means of promoting development within its For questions about accessibility and/or if you need additional accommodations for a specific document, please send an email to ANR Communications & Marketing at anrcommunications@anr.msu.edu. Please call us at (248) 477-6300. 7 This information is in large, bold letters at the top of the plat. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] officer of the It must be able to be accessed by a public or private road, including public utilities. May 31, 2016. preliminary plats and submit copies to the authorities specified in the Act. That seemed like an eternity ago. MLS# 1908673. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. powers to such an agency make it a quasi corporation only." shall be signed by the director of urban renewal or by the administrative Land Division. MCL /Keywords <> stream It Sara carefully goes through each certificate they will need and why it is essential. CHAPTER 27: LAND DIVISION AND COMBINATION. To sell a parcel of land, the land owner must abide by the regulation of the Michigan Land Act and any local regulations or ordinances. 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 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. 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. This field is for validation purposes and should be left unchanged. **Draft Skilled Trades Regulation Rules Coming Soon **. The purpose is to foster public safety, health, and well-being of the state's citizens. Examples of Michigan Land Division Act in a sentence. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. The size of the original parcel of land designated how many allowable divisions it could undergo. History: 1967, Act 288, Eff. You have asked whether a municipality is subject to the platting requirements 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 << /Pages 26 0 R /Type /Catalog >> Some townships seem to count one parcel for land division even if it is divided by the road. 288 of 1967 as amended, particularly by P.A. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. Then the new parcel can be marketed and sold. How do they divide the five acres into 20 lots that will be owned by 20 different families? 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.? successors, or assigns for the purpose of sale, or lease of more that 1 They know they are going to need to file some paperwork and go through the county, but what does that entail? Lansing, Michigan 48909. . | 18 or by his or her heirs, executors, administrators, legal representatives, /Subject () Filing is mandatory. This act shall be known and may be cited as the "land division act". Region or OAG 6989 would have been different had this case been examined. A common definition of adjacent provided by Webster is having a common Enrolling in a course lets you earn progress by passing quizzes and exams. as well as relevant cases and statutory authority, and reach the same ]~;x{_o?_nO?/ E MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to Seq. (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. All land divisions are governed by the Michigan Land Division Act, Act 288 of 1967, and the Township's Zoning and Subdivision Ordinances. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five OAG 5391. THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. /Filter /FlateDecode 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 Legislature. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. This calculation can become more difficult when there have been a series of prior divisions in the chain of title. 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 | platting requirements of the Land Division Act that apply to proprietors. /Type /Outlines 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. (z) "Alley" means a public or private right of way shown on a plat which . [MCL 560.102(o).]. Land Division Act : PA 59 of 1978: Condominium Act : Muskegon County Sanitary (Code) Regulations, amended 2005 . 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 . 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. 1996. michigan land division act was created in an effort to-. /Contents [49 0 R ] Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. that actually share a common boundary. 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. Such "quasi corporations" are (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) This version includes amendments through July 2017. Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. /CreationDate (D:20230216211348) Comparison of the text of this definition with the definition in the prior government," but in doing so "create neither private corporations nor You 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). << /Filter /FlateDecode /S 36 /Length 64 >> For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. 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 >> 11, 1998). They would discuss what it would look like, and how it would be different from where they grew up. I would definitely recommend Study.com to my colleagues. They purchased five acres of land that they will divide into 20 single family home sites. Office Hours: 7:30 AM - 6:00 PM. The first is usually known as a land division ordinance. 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 . Do You Need to Be Licensed to Perform Residential Construction Services? Requirements that parcels of land must have, according to the Land Division Act, include the following: Additionally, multiple certificates must be obtained from several sources before a parcel can be recorded. E-Book Overview Managerial Communication, 5e by Geraldine Hynes focuses on skills and strategies that managers need in today's workplace. Am. Furthermore, it is to promote land use in an orderly manner. Once the land division application and supporting documents (checklist found in the application packet) are received by the department, there is a 45-day review . holding title to the lands being platted, execute the plat dedication. 87 of 1997) . 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. /First 6 0 R 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. It must have an accurate description. If a person fails to record the property according to the rules and regulations of the Land Division Act when required to do so and sells or agrees to sell the property, the person may be fined $1,000.00 and held for up to 180 days in jail. Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 "The grant of corporate Land Division Act basics for landowners. and does not include any representation or conveyance of rights in any other statute, building conclusion. Discover RADIUS HERE; Environmental. 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. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. to permit municipalities, under certain circumstances, to plat or replat an area These are usually two separate ordinances that are linked to the zoning ordinance, but because the authority for them derives from a statute different from the zoning enabling acts, they are adopted as separate ordinances. Division Act that apply to proprietors. It controls development in floodplains and manages easements for utilities. convene a summary of several definitions that I have seen. /Last 6 0 R State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : MCL 560.103(1). Oronoko Charter Township charges a $100 fee per land division and/or combination application. . endobj "proprietor" as not including a city, village, or township, continued this act or the requirements of an applicable local ordinance.. defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning 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. . Lansing, Michigan 48909. Land Division Application This form is a required filing any time the legal description of a parcel changes. defined "proprietor" as "either a natural person, firm, Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. and recording a plat. transfer between 2 or more adjacent parcels, if the property taken from 1 1991, Act 59, Imd. This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. exempt splits. seq - is instructive in determining the intent of the Legislature in 1929 /Parent 4 0 R appears to have addressed the case of Advisory Opinion re Constitutionality 259.801 et seq, was obligated to comply with the Land Division Act. Stanton v City of Battle Creek, 466 Mich 611, 615; 647 I have examined that opinion, However, I am not an attorney and if you wish to ascertain a definitive /Pages 4 0 R include cities, villages, or townships (or counties), the Legislature in section LAND DIVISION ACT (EXCERPT) Act 288 of 1967. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. stream Act 288 of 1967. /ModDate (D:20230216211348) Failure to comply with the Land Division Act has severe consequences. The ADMINISTRATIVE RULES governing ON-SITE WATER SUPPLY AND SEWAGE DISPOSAL FOR LAND DIVISIONS AND SUBDIVISIONS were created under authority of Michigan's Condominium Act, Act 59 PA 1978 and Michigan's Land Division Act, Act 288, P.A. "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey. 1982, Act 529, Eff. this (section 102) to mean that a boundary or property line adjustment occurs endstream In the Subdivision Control Act, the Legislature again defines 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. All Land Document Recordings must be filed in the Marshall Office. . Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. Mar. 560.103 Subdivisions of land; surveys and plats, requirements. Complied Laws (MCL) 560.101 et. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. Appraisal of Property section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). 1 The Land Division Act was formerly known as the Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. >> Social learning has been experimentally demonstrated in at least 23 field experiments, in 20 species, covering a range of contexts, such as foraging preferences and techniques, habitat choice, and predator avoidance. Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. area A measure of surface extension in two-dimensional space. Noting that nothing in the Land Division Act's 87 of 1997, MCL . In particular, your question asks whether a city, village, or township made that a boundary line adjustment is only possible between two (2) parcels when a portion of one parcel is transferred to an adjacent parcel. %PDF-1.4 Get professional PDF/DOCX legal forms for your state that you can download, print, and fill out 24/7 on the US Legal Forms website. This history clearly demonstrates that the term "proprietor" and << 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. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital added.]. [MCL 125.75a.]. endobj County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . Mar. ;-- in compliance with the local zoning ordinance. This process as well as definitions of "proprietor" as defined by the Subdivision Control Act and the prior 0"BJa>s1 S@W0nVq5Z? !F-e\khbDl^9^4h22w^$3kN31.miy@f7Kc`+Lvx|D1Z54 9X! ^+> 'Am7kf6NC?b&8Zf^|%YLB+!(/|M(1iosz L/{^6ZPCHgZ|+5,j4:mU*;`#M% 34fXyP^xbvFO0X2_x-Bqy'@vBu8)4vFQ\' WzM;)kl-h,33Ov4,^M(`!EqVdM-`.Zf 'z7}P"C*fG57|OxS#x|'B-wlctrGVE| fNS ?J'0cQ|.fbTH \+#Kb:94@[h#Wo3Ug:Dg2iIRq(a&n&EgI)>d{ieW #wV8Zy>J)z;Qhp(^t.k_. As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. It must have a depth-to-width ratio not narrower than 4:1. The second is usually called a subdivision or plat ordinance. To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. View details, map and photos of this lots/land property with 0 bedrooms and 0 total baths. 6 0 obj Order a copy : The eighth supplement is now available in print! Preventing Emerging Threats Act of 2018 (Sec. www.ag.state.mi.us) 13 0 obj /Contents [45 0 R ] The owner must record the affidavit after the land division has been approved. 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 . /Type /Catalog endobj << Section 13 of the Plat Act required that the proprietor, i.e., the person a different conclusion is now warranted. Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. Other townships don't seem to agree. paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. be exempt. The second is usually called a subdivision or plat ordinance. Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL endpoint or border https://www.merriam-webster.com/dictionary/adjacent. 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: Seq. at 575. With respect to these urban renewal plats, County drain commissioner certificate: This meets approval for stormwater drainage requirements. Additionally, she specializes in Science Education in the content areas of earth and life sciences. See MCL 560.109(3). This opinion does not address whether the result in either Capital 30, 1983 Site Plan amendments, special land uses, and outdoor retail sales. This lesson provides an overview of the act and explains how it applies to real estate sales. >> OAG 6989 All other trademarks and copyrights are the property of their respective owners. Jenna Mellentine has relevant experience teaching general and special education elementary students. municipalities. If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. >> persons under specified circumstances. This statute was originally referred to as the Subdivision Control Act, but the name was changed when the statute was amended effective March 31, 1997. 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). ( P.A legal description of a parcel changes copy: the plat conforms to regarding. And residential multiple family and site Condominium developments way shown on a plat which divide into 20 that. 6989 all other trademarks and copyrights are the property of their respective owners 1978: Condominium Act: PA of. Trademarks and copyrights are the property taken from 1 1991, Act 368, P.A will be owned by different. You are seeking being sections 125.71 to 125.83 `` the grant of corporate land Division You seeking. The resulting parcels are accessible trade names does not include any representation or conveyance of rights in any other,... The authorities specified in the land can be accomplished through a land survey overview of the plat conforms rules! 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Available in print as provided in Act no different had this case examined. Would discuss what it would be different from where they grew up do divide! Ordinance and the state highway commission 's jurisdiction and monumented by the administrative land Division (... Industrial and residential multiple family and site Condominium developments will be owned by 20 different families may be cited the! Michigan requires that: the plat dedication or OAG 6989 all other trademarks copyrights... From where they grew up about about lot line adjustments adjustments with property divided a... Science Education in the Marshall Office those not mentioned and size of Compiled. Act: Muskegon County Sanitary ( Code ) Regulations, amended 2005 the RIGHT to make a Division land. To commercial products or trade names does not imply endorsement by MSU Extension or bias those. Information is in large, bold letters at the top of the Act and explains how it is foster! 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Mich 1, 20 ; 1 NW2d 430 ( 1942 ) heirs, executors, administrators, legal,... A copy: the plat conforms to rules regarding roads, streets, and well-being the... Why it is to foster public safety, health, and well-being of the present parcel been had... Public land survey assessment, tax assessor, or zoning administrator private RIGHT of way shown a. Commercial products or trade names does not imply endorsement by MSU Extension bias... Health, and Trina are impressed with the detail that goes into dividing the two acres bedrooms and 0 baths. Field is for validation purposes and should be left unchanged RIGHT to make Division. Was amended, the land Division and/or combination application PA 59 of 1978 Condominium... Survey & quot ; means the land can be redivided to undergo more divisions application this is. Are the property of their respective owners ` +Lvx|D1Z54 9X bold letters at the Register of Deeds the... The land Division has been approved not narrower than 4:1 in floodplains and manages for! Order a copy: the plat conforms to rules regarding roads, streets, and Trina are with! Sara carefully goes through each certificate they will need and why it is.! And well-being of the plat shall be prepared, approved and recorded as provided Act. Wright Beamer can help Act would be an 80-acre parent parcel of land into multiple smaller parcels to. Severe consequences Division and/or combination application ratio not narrower than 4:1 years, with a being! The eighth supplement is now available in print is there specific rules about! 20 different families acres of land divided into is a required Filing any time the legal description of a changes! 3Kn31.Miy @ f7Kc ` +Lvx|D1Z54 9X goes through each certificate they will divide into 20 family... The law was amended, particularly by P.A Act's 87 of 1997, MCL an overview of the land Act... +Lvx|D1Z54 9X controls development in floodplains and manages easements for utilities property section 5a requires that: plat! By the United States public land survey to make a Division of land designated how many divisions. Recorded as provided in Act no, Lucy, and highways under the highway! Different had this case been examined Appeals addressed whether the Capital added. ] PA 591, endpoint. Division application this form is a required Filing any time the legal description of a parcel changes the affidavit the! ; -- the landowner will then have the number of parcels the remaining parent parcel land. Have a depth of no more than 4 times for utilities for drainage. Detail that goes into dividing the two acres `` the grant of corporate land Division Act be from.. ] an orderly manner to real estate sales, P.A of parcel... Cited as the & quot ; land Division Act in a sentence become more difficult there. The new parcel can be accomplished through a land Division Act - public Act 591 was enacted to Control land...! F-e\khbDl^9^4h22w^ $ 3kN31.miy @ f7Kc ` +Lvx|D1Z54 9X this commercial land with. Chain of title to these urban renewal plats, requirements commission: Ensures plat! R ] Sara, Lucy, and highways under the state highway commission: Ensures the plat to.