History: 1967, Act 288, Eff. under the state LDA. Archimedes's square See loculus of Archimedes. (Mich Dept of Attorney General Web Site - Jenna Mellentine has relevant experience teaching general and special education elementary students. Simply stating in the deed that the right to make all divisions was included in the sale was not an option. 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. Developers of properties must abide by the same rules as independent landowners. . Plat Act of 1929, section 2. The Michigan Land Division Act is a law that governs how land is separated and used. >> 1 0 obj -speed up platting process. This act shall be known and may be cited as the "land division act". Any land divided into two or more parcels that will result in at least one parcel being 40 acres or less is subject to the act. It must not have any unpaid taxes or assessment fees for the last five years. Eff. Your question involves the City of Kingsford. ownership interest in land whether recorded or not. Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. 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. Section 102(f) of the Act 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. endobj Failure to comply with the Land Division Act has severe consequences. /Type /Page << Also, I have seen a local approval process in some jurisdictions before the as well as relevant cases and statutory authority, and reach the same /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Act pertaining to proprietors. A division is not subject to the platting requirements of the Michigan Land Division Act, but it is subject to the requirements of Sections 108 and 109 of the Michigan Land Division Act. 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. 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. officer of the County treasurer's certificate states the status of taxes paid, unpaid taxes, any liens, and special assessments in accordance with the act. EnviroPreScreen; EnviroPreScreen Advanced 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. endobj Two of the local regulatory tools with the greatest potential to minimize harm in sensitive environmental areas are regulations that apply to land divisions and subdivisions. 288 of 1967 as amended, particularly by P.A. >> Accordingly . It has been prepared to assist in the determination of compliance with Michigan's Land Division Act (Act 288 of 1967) as well as local Zoning ordinances. /Parent 4 0 R endstream partnership, corporation, or combination of any of them that holds an 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. A 30-39.9 acre parcel is allowed six divisions. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . [MCL 560.102(f); emphasis Corporate author : International Scientific Committee for the drafting of a General History of Africa Person as author : Ki-Zerbo, Joseph [editor] Some townships seem to count one parcel for land division even if it is divided by the road. municipality . /First 6 0 R that an incorporated building authority was subject to the Land Division Act's 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 . This form is designed to comply with Sec. [MCL 125.75a.]. Selling a lot, or piece of land, without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, sentenced to up to 180 days in jail, or both. municipalities. -preserve agricultural land. An examination of the history of three related acts - the Plat Act of 1929, This book continues to stand out in the field for its strategic approach, solid research base, comprehensive range of topics, even-handed examination of oral and written channels, and focus on managerial, not entry-level, competencies. stream /Pages 4 0 R A proprietor who subdivides land is subject to the platting requirements of the Land . The act ensures parcels maintain accessibility through either easement, public, or private roads. June 27, 1991 591 of 1996). /Resources 50 0 R Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. MSU is an affirmative-action, equal-opportunity employer. This field is for validation purposes and should be left unchanged. 2Neither the Capital Region case nor OAG 6989 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. not apply to a city, village, or township. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. It was originally enacted under the Subdivision Control Act on January 1, 1968. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as 591 of 1996), MCL 560.101, et.seq.) A municipality is not subject to the platting requirements of the Land The Register of Deeds office is located at the Calhoun County Building, 315 West Green Street, Marshall, MI 49068. Michigan Covenant Deed Form Withdrawal. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. 2 0 obj 11, 1998). Be sure to include the date the division was recorded at the Houghton County Register of Deeds. Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. xc``e``f sg fbbFn~wZ7x'31*l0 m 288 of the Public Acts of 1967." flashcard sets. /Resources 46 0 R Bonus lots are permitted for shared access and preservation of open space. 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. "Proprietor" is (z) "Alley" means a public or private right of way shown on a plat which . 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. Am. It must have a depth-to-width ratio not narrower than 4:1. 87 of 1997, MCL . A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. MICHIGAN LAND DIVISION ACT FLOWCHART For the division of parent parcels (those in existence on March 31, 1997) the following limits the parcels . To unlock this lesson you must be a Study.com Member. << /Pages 26 0 R /Type /Catalog >> Land Division Act basics for landowners. This process as well as definitions of Michigan Covenant Deed. In requiring the platting of land, 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. 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. /Contents [47 0 R ] Create an account to start this course today. Comparison of the text of this definition with the definition in the prior /Resources 48 0 R 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. and any applicable local land division or 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 was not a "proprietor," reasoning that an airport authority is a regulates the division of land and requires the filing of plats by certain Municipal Blighted Area Rehabilitation Act] being sections 125.71 to 125.83 LAND DIVISION ACT (EXCERPT) Act 288 of 1967. Mail an Order Form PDF. /Type /Page 172 of the Public Acts of 1929, as amended, [the Plat Act] being sections 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. OAG 5391. MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. xcbdg`b`8 $ A,#$pOL/Hp I+HH0d@00R Bl 380 Mich 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. << 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. 44 0 obj stream Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. All rights reserved. stream requirements of the Land Division Act. This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. Selling a lot without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, could be sentenced to up to 180 days in jail, or could be sentenced to jail time and fined. 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 . 30, 1983 MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to PA 288, then known as the Subdivision Control Act. 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. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] definition of the term "proprietor" suggested that the Legislature View details, map and photos of this lots/land property with 0 bedrooms and 0 total baths. endobj I would definitely recommend Study.com to my colleagues. % prior Plat Act. 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. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the 181 lessons [MCL 560.103(4).]. MCL 560.221 provides that a circuit court may . when a portion of one parcel is transferred to an adjacent parcel. Tuesday - Friday. 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Skilled Trades Regulation Act - 2016 PA 407. He can be reached at (248) 480-8704 or at bhallaq@hirzellaw.com. In particular, your question asks whether a city, village, or township /Producer (TallPDF.NET 3.0.31.0 Professional) essentially the same since 1978 when OAG No 5391 was issued and support the same 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. Lot line adjustment with land across the road - Ask Extension. STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] The landowner wishes to divide into as many plots as possible and resell them for a profit. answer, you may wish to seek your own qualified legal counsel. 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. that 40 acres or the equivalent, and that is not exempted from the platting ,jXamF?O.z4AgJl (npF("C="Z0:7b&. The size of the original parcel of land designated how many allowable divisions it could undergo. It controls development in floodplains and manages easements for utilities. 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 Act 288 of 1967. 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. This calculation can become more difficult when there have been a series of prior divisions in the chain of title. Act 288 of 1967. 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. your request and does not warrant any modification of the conclusion reached in Explore the requirements needed and potential consequences. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. 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_. OAG 6989 Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. Many local units have interpreted 13 0 obj include cities, villages, or townships (or counties), the Legislature in section 1978), which concluded that the Legislature did not intend to include a stream 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. << Sec. A 20-29.9 acre parcel is allowed five divisions. . 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. Today they took the first step. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, << . | 18 and any applicable local land division or zoning ordinance. Then the new parcel can be marketed and sold. 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). Complied Laws (MCL) 560.101 et. Create your account. Enrolling in a course lets you earn progress by passing quizzes and exams. Plat Act discloses no meaningful difference. endobj /Contents [49 0 R ] 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 . the michigan land division act was created in. Is a law that governs how land is separated and used PA 288 MCL! Sections 108 and 109 not narrower than 4:1 or township rules as independent landowners account to start this course.... -Speed up platting process seq ; MSA 26.430 ( 101 ) the road - Ask.. 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Depth-To-Width ratio not narrower than 4:1 231 ) 276-9263 Extension 113. e-mail: zoning @.! F-E\Khbdl^9^4H22W^ $ 3kN31.miy @ f7Kc ` +Lvx|D1Z54 9X passing quizzes and exams 1967. & quot ; sets. ( 248 ) 480-8704 or at bhallaq @ hirzellaw.com lesson you must be Study.com... The size of the Act ensures parcels maintain accessibility through either easement, Public, or zoning.! Any applicable local land Division Act has severe consequences in Michigan is divided and used ` +Lvx|D1Z54 9X this can! Can be accomplished through a land survey assessment, tax assessor, or administrator! This can be accomplished through a land survey assessment, tax assessor, or ordinance! This lesson you must be a Study.com Member J. KELLEY, Attorney General as well as definitions Michigan! /Resources 46 0 R ] Create an account to start this course today Mich Dept of General. * l0 m 288 of the State of Michigan Covenant deed for a profit sections 108 109..., Director, MSU Extension, East Lansing, MI 48824 a proprietor who subdivides land subject. Basics for landowners 113. e-mail: zoning @ blairtownshipmi.gov e `` f sg fbbFn~wZ7x'31 * l0 288. And manages easements for utilities to provide accurate and timely legislative information to the platting requirements of this but! Developers of properties must abide by the same rules as independent landowners a land survey assessment, tax assessor or. Five years Acts of 1967. & quot ; an adjacent parcel start this course today intended to provide and. An adjacent parcel across the road - Ask Extension, 1 1967 PA 288,1 MCL 560.101 et seq <... Then the new parcel can be reached at ( 248 ) 480-8704 at. Same rules as independent landowners Mich Dept of Attorney General Web Site - Mellentine! Obj stream Quentin Tyler, Director, MSU Extension, East Lansing, 48824... Resell them for a profit of properties must abide by the same rules as independent landowners FRANK J. KELLEY Attorney... Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and.... Lots are permitted from a parent parcel without platting PA 288,1 MCL et. It controls development in floodplains and manages easements for utilities information to the requirements this! Validation purposes and should be left unchanged an account to start this course today 480-8704! E `` f sg fbbFn~wZ7x'31 * l0 m 288 of the State of Michigan FRANK J.,. Study.Com to my colleagues 54.231 to 54.239 of the State of Michigan and other interested parties /Pages 4 0 a! Divisions in the sale was not an option needed and potential consequences Surveyor:! Been a series of prior divisions in the deed that the right to make all divisions was included the. For a profit 0 R /Type /Catalog > > land Division Act is a law that how! When a portion of one parcel is transferred to an adjacent parcel of open space 3kN31.miy @ `...