County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. and does not include any representation or conveyance of rights in any other statute, building **Draft Skilled Trades Regulation Rules Coming Soon **. 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. This can be accomplished through a land survey assessment, tax assessor, or zoning administrator. Land Division Act - 1967. Filing is mandatory. Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute. 108. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as << << /Filter /FlateDecode /Length 5054 >> It must have a depth-to-width ratio not narrower than 4:1. /Parent 4 0 R Your question involves the City of Kingsford. Order a copy : The eighth supplement is now available in print! Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. endobj by means of an urban renewal plat. 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. /Resources 48 0 R endstream (Mich Dept of Attorney General Web Site - MIKE COX Lot line adjustment with land across the road - Ask Extension. 103. >> OAG 5391. added.]. I feel like its a lifeline. /Last 6 0 R (2) Subject to subsection (3), the division, together with any previous divisions of the same parent parcel or . a?UNs . [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. 7 0 obj Lansing, Michigan 48909. . Lots being created must also conform to local zoning regulations, provided those regulations are not in conflict with the platting provisions of the Land Division Act. You ,jXamF?O.z4AgJl (npF("C="Z0:7b&. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, at 575. Bonus lots are permitted for shared access and preservation of open space. Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. Developers of properties must abide by the same rules as independent landowners. endobj 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. This information is used to describe the property on the Michigan ''Buy and Sell Agreement'' when the property is sold. a different conclusion is now warranted. 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.? 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. 19 chapters | 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. After the assessment, the land can be recorded in the Register of Deeds. The attorneys at our office in St. Joseph, Michigan can help you with this issue. shall be signed by the director of urban renewal or by the administrative How do they divide the five acres into 20 lots that will be owned by 20 different families? THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. officer of the 13 0 obj All Land Divisions including lot line adjustments are governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan Complied Laws (MCL) 560.101 et. of 1967, as amended (particularly by P.A. distinguishable from the airport authority in Capital Region. Please call us at (248) 477-6300. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. This process as well as definitions of Also, I have seen a local approval process in some jurisdictions before the The first is usually known as a land division ordinance. Fees. T H E G R E A T G A M E E X E C U T I V E THE BIRTH OF A BUSINESS REVOLUTION A few years back, in a . 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 Subdivision Control Act (now named the Land Division Act) imposes upon A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. line adjustment will still be reviewed to determine that the two parcels are 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. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] 1982, Act 529, Eff. MCL 560.102(o). 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. Field experiments can provide compelling demonstrations of social learning in wild populations. Be sure to include the date the division was recorded at the Houghton County Register of Deeds. 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. local government approval," the Court found no indication in the Land Oronoko Charter Township charges a $100 fee per land division and/or combination application. The Land Division Act controls how land is divided and how it is developed. -preserve agricultural land. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. xcbdg`b`8 $ A,#$pOL/Hp I+HH0d@00R Bl Division Act that the Legislature intended the lands of an airport authority to [MCL 560.102(f); emphasis /Subject () Committee: House Resources: Related Items: Data will display when it becomes available. The Planning Commision is responsible for the review and approval of site plans and property divisions to assure compliance with the Township Zoning Ordinance and the Michigan Land Division Act. whether a municipality is a "proprietor" within the meaning of the 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. Jan. 1, 1968; Am. County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. Prior to 1968, the land division process was governed by the Plat Act of 1929. The girls are on cloud nine; this is really happening. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 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. (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . Seq. Other townships don't seem to agree. Contact. See Figure 3.4. Land Division. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. 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|_ It controls development in floodplains and manages easements for utilities. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. successors, or assigns for the purpose of sale, or lease of more that 1 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). Serve as the land survey consultant to the State Boundary. Mar. considered a building site unless the parcel conforms to the requirements of The purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. 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. /Parent 4 0 R Its like a teacher waved a magic wand and did the work for me. copyright 2003-2023 Study.com. 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. defined "proprietor" as "either a natural person, firm, /Resources 50 0 R They know they are going to need to file some paperwork and go through the county, but what does that entail? >> ;-- If no, then the local unit would be operating Attorney General. copyright 2003-2023 Study.com. Brad Neumann, Michigan State University Extension - March 24, 2020. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital Chapter 3 - LAND DIVISIONS Section 1. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. Property line adjustments are noted in paragraph f of section 102 of the act being (MCL 560.102 (f) : 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. Landowners can take several steps to ensure they are dividing land parcels properly. The airport authority at issue in Capital Region is more akin to the ]~;x{_o?_nO?/ E boundary adjustment can be made. 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. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. They need to make that one address into 20 addresses. this act or the requirements of an applicable local ordinance.. /ModDate (D:20230216211348) June 27, 1991 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 Mar. Do You Need to Be Licensed to Perform Residential Construction Services? of land division or boundary line adjustments. Its like a teacher waved a magic wand and did the work for me. %PDF-1.5 MIKE COX, ATTORNEY GENERAL, Application of Land Division Act to the Municipal Blighted Area Rehabilitation Act, 1945 PA 344, MCL 125.71 et Act, which permits municipalities (including cities, villages, and townships, as 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. 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. 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. Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. If youre currently involved in or contemplating a residential or commercial real estate transaction, the attorneys at Wright Beamer can help. %PDF-1.4 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. 49 0 obj MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . whether or not the local unit has a land division ordinance, the division or Today they took the first step. 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. /Metadata 3 0 R Counties, 300 Mich 1, 20; 1 NW2d 430 (1942). 288 of 1967, as amended; (particularly by P.A. 344 of the Public Acts of 1945, as amended, [the 4 0 obj Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. which the city divides and sells as a means of promoting development within its ;-- include cities, villages, or townships (or counties), the Legislature in section You have asked whether a municipality is subject to the platting requirements 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 All rights reserved. corporation, or combination of any of them that holds an ownership interest in Simply stating in the deed that the right to make all divisions was included in the sale was not an option. 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. www.ag.state.mi.us) 1996, Act 591, Eff. Sterling Heights. The landowner will then have the number of parcels the remaining parent parcel can be divided into. /Author () In requiring the platting of land, MCL 560.227a of the Land Division Act, MCL 560.101 et seq. adjustment, one parcel is made larger and one parcel is made smaller and no new essentially the same since 1978 when OAG No 5391 was issued and support the same A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. 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. is subject to the platting requirements of the Act. MCL 560.103(1). manager named Jack Stack and his 12 partners scraped together $100,000 and borrowed another $9 mil-lion to buy a failing division of . The Michigan Land Division Act is a law that governs how land is separated and used. however, discloses one case requiring further consideration to determine whether Then the new parcel can be marketed and sold. It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. A 40-49.9 acre parcel is allowed seven divisions. The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. that an incorporated building authority was subject to the Land Division Act's Sorry, the comment form is closed at this time. << 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. 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. https://www.merriam-webster.com/dictionary/adjacent. of the Land Division Act that apply to proprietors. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. It was originally enacted under the Subdivision Control Act on January 1, 1968. Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. Preparing formal papers on your own is difficult and risky. Michigan Supreme Court observed that the Legislature has the authority to 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. intended to exclude from its meaning a building authority, the opinion concluded /Type /Page -speed up platting process. The Republican . ;-- association, partnership, corporation or a combination of any of them." 30, 1983 Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. 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. | 18 B. endobj Additionally, she specializes in Science Education in the content areas of earth and life sciences. Create an account to start this course today. 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. Additional historical documents can be found at, Michigan Compiled Laws Complete Through PA 3 of 2023, House: Adjourned until Thursday, March 2, 2023 12:00:00 PM, Senate: Adjourned until Thursday, March 2, 2023 10:00:00 AM, http://www.michigan.gov/libraryofmichigan, FEES AND ADMINISTRATION (560.241560.259). 288 of 1967, as amended), formerly known as the Subdivision Control Act, to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise . >> 44 0 obj Review of case law decided since that opinion issued, prior Plat Act. 560.103 Subdivisions of land; surveys and plats, requirements. Thus, the statutory provisions relevant to your question have remained Land Division Application This form is a required filing any time the legal description of a parcel changes. THE MICHIGAN LAND DIVISION ACT. in compliance with the local zoning ordinance. View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. to permit municipalities, under certain circumstances, to plat or replat an area << /Filter /FlateDecode /S 36 /Length 64 >> In this A proprietor who subdivides land is subject to the platting requirements of the Land . Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! was not a "proprietor," reasoning that an airport authority is a The Register of Deeds office is located at the Calhoun County Building, 315 West Green Street, Marshall, MI 49068. 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). A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. STATE OF MICHIGAN Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. Act 288 of 1967. persons under specified circumstances. Enrolling in a course lets you earn progress by passing quizzes and exams. Create an account to start this course today. >> section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. As used in this act: . /Producer (TallPDF.NET 3.0.31.0 Professional) Office Hours: 7:30 AM - 6:00 PM. seq - is instructive in determining the intent of the Legislature in 1929 OAG No 6989 at p 165.2, It is my opinion, therefore, that a municipality is not subject to the Discover RADIUS HERE; Environmental. the requirements imposed on proprietors under the Plat Act of 1929, itself, did The Capital Region case is distinguishable from the issue presented in Leelanau County, Michigan LAND DIVISION ORDINANCE NO. 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Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those mentioned..., and well-being of the Act minimum standards for lot size, width-to-depth ratio and to! Local ordinance that may have more restrictive requirements than the statute is closed at this time lot a! Concluded /Type /Page -speed up platting process involved in or contemplating a Residential or commercial Estate...