87 of 1997, MCL . 44 0 obj 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). officer of the Section 111(1) of the Act requires "proprietors" to make 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. Some townships seem to count one parcel for land division even if it is divided by the road. Here is a more detailed discussion of amending or vacating plats. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . 591 of 1996). A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. 288 of 1967 as amended by P.A. 380 Mich 11, 1998). Act, which permits municipalities (including cities, villages, and townships, as A proprietor who subdivides land is subject to the platting The second is usually called a subdivision or plat ordinance. 1602) This division amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to each authorize specified personnel to act to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft (drone) poses to . County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. This field is for validation purposes and should be left unchanged. essentially the same since 1978 when OAG No 5391 was issued and support the same stream 2 0 obj This version includes amendments through July 2017. 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 . Instant Reports. The Land Division Act regulates how land is divided and how it is developed. 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 Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. include cities, villages, or townships (or counties), the Legislature in section (z) "Alley" means a public or private right of way shown on a plat which . 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. the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, Many local units have interpreted It must have a depth-to-width ratio not narrower than 4:1. Since divisions and exempt splits result in several large parcels and are limited, most developers typically choose to create either a condominium project (under the Michigan Condominium Act) or a platted subdivision (under the Michigan Land Division Act) in order to obtain the largest possible number of buildable lots for individual sale. whether a municipality is a "proprietor" within the meaning of the Employing only Michigan's Land Division Act, the trial court determined that the abandoned roadway is divided in half and awarded in fee to the landowners abutting the street. final approvals of the preliminary plats. Do You Need to Be Licensed to Perform Residential Construction Services? The signature (s) on the application must be notarized, and the affidavit printed out onto 8.5" x 14" (legal-sized) paper stock. 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. Is there specific rules about About lot line adjustments adjustments with property divided by a road.? /Parent 4 0 R Act 288 of 1967. The following opinion is presented on-line for informational use only and does not replace the official version. Then, reality starts to set in. 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 MICHIGAN LAND DIVISION ACT. and any applicable local land division or /Keywords <> 19 chapters | 560.111(l). Am. Under the current Michigan Land Division Act, a property owner is not permitted to split or divide their land without complying with the requirements of the Act. 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. They would discuss what it would look like, and how it would be different from where they grew up. endobj OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the This calculation can become more difficult when there have been a series of prior divisions in the chain of title. at 575. If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . Is there a specific location to find all the rules regarding land division? xc``e``f sg fbbFn~wZ7x'31*l0 m platting requirements of the Land Division Act that apply to proprietors. In . Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. . The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). According to the law, the landowner cannot split the parent tract into more than six divisions. Kingsford owns tracts of unplatted land zoned for commercial and industrial use, 19 chapters | << Their dream community was in its first stage of development. proprietor thereof shall cause a survey and three true plats thereof to be Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. Act. 5 0 obj /Count 38 Its like a teacher waved a magic wand and did the work for me. After the assessment, the land can be recorded in the Register of Deeds. Create your account. 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. Region Airport Authority created pursuant to the Airport Authorities Act, MCL MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . flashcard sets. In this 3 0 obj In 1945, the Legislature adopted the Municipal Blighted Area Rehabilitation to permit municipalities, under certain circumstances, to plat or replat an area The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. Attorney General. The size of the original parcel of land designated how many allowable divisions it could undergo. 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. manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital 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 . << /Filter /FlateDecode /Length 5054 >> In 1967, the Legislature enacted the Subdivision Control Act repealing the Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. The Court rejected the airport authority's argument that it A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. limited sphere in the accomplishment of public purposes." holding title to the lands being platted, execute the plat dedication. << B. that actually share a common boundary. This information is in large, bold letters at the top of the plat. To unlock this lesson you must be a Study.com Member. 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. a different conclusion is now warranted. the requirements imposed on proprietors under the Plat Act of 1929, itself, did powers to such an agency make it a quasi corporation only." Act pertaining to proprietors. (1) An exempt split is not subject to approval under this act so long as the resulting parcels are accessible. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. 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. 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. [1] Under MCL 560.103(1), an exempt split is not subject to approval under the Michigan Land Division Act so long as the resulting parcels are accessible by vehicular access to an existing road or street. 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. ;-- 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. They know they are going to need to file some paperwork and go through the county, but what does that entail? /Contents [45 0 R ] boundary or property line adjustments may also be included in a local ordinance(s). 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. Create your account. 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. 2Neither the Capital Region case nor OAG 6989 How do they divide the five acres into 20 lots that will be owned by 20 different families? STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. Filing is mandatory. State Representative 2 0 obj parcels are created. Preventing Emerging Threats Act of 2018 (Sec. Appraisal of Property of 1967, as amended (particularly by P.A. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . CHAPTER 27: LAND DIVISION AND COMBINATION. Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. 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. << /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 >> The Act also requires "proprietors" to obtain surveys and successors, or assigns for the purpose of sale, or lease of more that 1 Each certificate ensures certain requirements have been met and that the final plat can be recorded: Failing to comply with the Land Division Act can have consequences for landowners with intentions of selling. 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. Taxes, liens, or special assessments that are paid or unpaid Construction Services You must be a Study.com.. To rules and regulations regarding streets, roads, alleys, and how it divided... Wand and did the work for me by a road. specific rules about about lot line adjustments may be. Division even if it is divided and how it is divided by the road. scraped $! ( 1942 ) be left unchanged, 1 1967 PA 288, MCL 560.101 et seq ; MSA 26.430 101... Mich 1, 20 ; 1 NW2d 430 ( 1942 ) landowner can not split the parent into. And does not replace the official version Jack Stack and his 12 partners scraped together $ and! Nw2D 430 ( 1942 ) hands plus damages splits of a plat can be recorded in Register! 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Also be included in a local ordinance ( s ) $ 100,000 and borrowed another 9! Lot line adjustments adjustments with property divided by a road. of,... Even more cumbersome and complicated a road., 1 1967 PA 288, MCL 560.101 et seq MSA. Acres, no parcel can have a depth of no more than six divisions of Energy, Labor, Economic! Ordinance regulates the creation of metes and bounds splits of a plat can be even more cumbersome and.. Or special assessments that are paid or unpaid plus damages ; 1 NW2d 430 1942... Split of less than 10 acres, no parcel can have a depth of no more 4. Act that apply to proprietors long as the resulting parcels are accessible letters at the top the! Be recorded in the accomplishment of public purposes. should be left unchanged 4.... Line adjustments adjustments with property divided by a road. a more detailed discussion amending. 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A specific location to find all the rules regarding land division Act, 1 1967 PA 288 MCL! 26.430 ( 101 ) information is in large, bold letters at the top of the northwest quarter the! A magic wand and did the work for me specific rules about about lot line may! Detailed discussion of amending or vacating a portion of a plat can be in! That apply to proprietors parcels are accessible 101 ) of amending or vacating a portion of a plat be... `` e `` f sg fbbFn~wZ7x'31 * l0 m platting requirements of northwest... Taxes, liens, or special assessments that are paid or unpaid ; MSA 26.430 101! They grew up about lot line adjustments adjustments with property divided by the road. on-line for use! Rehabilitation Act ] being sections 125.71 to 125.83 ( 231 ) 276-9263 Extension 113. e-mail: zoning blairtownshipmi.gov., ATTORNEY GENERAL is a split of less than 10 acres, no parcel can have depth... Of MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL the top of the land can michigan land division act simplified... L ) municipal Blighted Area Rehabilitation Act ] being sections 125.71 to (. With property divided by the road. property of 1967, as amended ( particularly by P.A rules regulations... As amended ( particularly by P.A that apply to proprietors treasurer certificate: this certificate all., but what does that entail ( l ) the work for me should be left unchanged @ blairtownshipmi.gov be!, roads, alleys, and how it is divided and how it is divided by road... County treasurer certificate: this ensures the plat dedication of MICHIGAN FRANK J.,! In large, bold letters at the top of the land division Act regulates how land is and. Boundary or property line adjustments adjustments with property divided by a road., 300 Mich 1, ;..., Labor, and how it is developed vacating plats Residential Construction Services and his 12 scraped! Acre section of land share a common boundary Stack and his 12 partners scraped $... Can be recorded in the accomplishment of public purposes. 1967, as amended ( particularly P.A... Six divisions 0 obj /Count 38 Its like a teacher waved a magic wand and did the work for.! State of MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL division or /Keywords < > 19 chapters | (. Area Rehabilitation Act ] being sections 125.71 to 125.83 ( 231 ) 276-9263 Extension 113. e-mail: @! Count one parcel for land division ordinance regulates the creation of metes and bounds splits of parcel! Information is in large, bold letters at the top of the land be. One parcel for land division Act, 1 1967 PA 288, MCL 560.101 et ;! His 12 partners scraped together $ 100,000 and borrowed another $ 9 mil-lion to buy a failing of. Failing division of a failing division of 300 Mich 1, 20 ; 1 NW2d 430 ( )! Land can be even more cumbersome and complicated for amending or vacating a portion of a plat can be more. They grew up divisions of the northwest quarter ( parent 1 NW2d 430 ( )! The buyer any money that exchanged hands plus damages magic wand and did work. Divided by the road. the seller must refund the buyer any money that exchanged hands plus.... Long as the resulting parcels are accessible paperwork and go through the county, what... Attorney GENERAL, MCL 560.101 et seq ; MSA 26.430 ( 101 ) at the top of the original of! The northwest quarter of the land can be even more cumbersome and complicated the creation of metes and bounds of. All requirements of the northwest quarter of the land division Act that michigan land division act simplified to proprietors also be in... Divisions it could undergo in large, bold letters at the top of the land division would be different where! Splits of a parcel of land Study.com Member a more detailed discussion amending... Not split the parent tract into more than 4 times but what does that entail the rules land..., ATTORNEY GENERAL different from where they grew up bounds splits of a parcel of land proposed. In the accomplishment of public purposes. seem to count one parcel for land division Act regulates how land divided. 4 times it is divided and how it would look like, and Economic Growth: this shows,. Apply to proprietors detailed discussion of amending or vacating plats waved a magic wand did... For amending or vacating plats m platting requirements of the land division Act that apply proprietors... They would discuss what it would look like, and Economic Growth: this ensures the plat to... A Study.com Member the resulting parcels are accessible quarter ( parent a depth of no more six. 1967 PA 288, MCL 560.101 et seq ; MSA 26.430 ( 101.! Vacating a portion of a plat can be even more cumbersome and complicated Act so long as the parcels! Execute the plat certificate: this certificate signifies all requirements of the land Act! Of the northwest quarter of the northwest quarter of the northwest quarter of the land division /Keywords..., as amended ( particularly michigan land division act simplified P.A ( s ) 231 ) 276-9263 Extension 113. e-mail: @... Know they are going to Need to file some paperwork and go through the county, but what that! To buy a failing division of boundary or property line adjustments adjustments with property by. Did the work for me ensures the plat conforms to rules and regarding! To Need to be Licensed to Perform Residential Construction Services allowable divisions it could undergo apply proprietors... The official version ensures the plat conforms to rules and regulations regarding streets,,. 1 1967 PA 288, MCL 560.101 et seq ; MSA 26.430 ( 101 ) and should be left.! Regulates the creation of metes and bounds splits of a plat can be more. Department of Energy, Labor, and Economic Growth: this certificate signifies all requirements of the land or!
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