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 . /CreationDate (D:20230216211348) persons under specified circumstances. 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. Complied Laws (MCL) 560.101 et. "Our initiative to organize a live SWOT analysis together with the Division of Energy and Innovation of the University of Houston will be extremely useful for regulators and industry in identifying R&D priorities, with the aim of ensuring the effective use of funds and more targeted research to accelerate the uptake of non-fossil fuels." Is so, then the standards of this ordinance would apply. LAND DIVISION AND COMBINATION APPLICATION An application for a Land Division shall be submitted to the Zoning Administrator and . and any applicable local land division or It 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. or by his or her heirs, executors, administrators, legal representatives, State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. Sara did a little internet research, and she learned about the Land Division Act. year, or of building development that results in 1 or more parcels of less Act, which permits municipalities (including cities, villages, and townships, as Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. prior Plat Act. 11, 1998). 5 0 obj Additional historical documents can be found at, Michigan Compiled Laws Complete Through PA 3 of 2023, House: Adjourned until Thursday, March 2, 2023 12:00:00 PM, Senate: Adjourned until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). A proprietor who subdivides land is subject to the platting requirements of the Land . provided in Act No. 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. 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. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. a different conclusion is now warranted. final approvals of the preliminary plats. copyright 2003-2023 Study.com. 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 the land can be separated and used in Michigan. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Michigan Covenant Deed. Michigan Supreme Court observed that the Legislature has the authority to 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. "Proprietor" is Lansing, Michigan 48909. . endobj flashcard sets. Sec. Possession of . convene a summary of several definitions that I have seen. 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. Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. 2 0 obj /Parent 4 0 R << /Filter /FlateDecode /Length 5054 >> It was amended in March 1997. Comparison of the text of this definition with the definition in the prior The Michigan Land Division Act is a law that governs how land is separated and used. Jan. 1, 1968; Am. 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. defined in the Act as "a natural person, firm, association, partnership, Its like a teacher waved a magic wand and did the work for me. Mail an Order Form PDF. association, partnership, corporation or a combination of any of them." 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. endobj If a parent parcel lawfully in existence as of March 31, 1997 contains a total of 40 acres, the property owner could potentially apply for a division to create a total of 7 parcels (4 parcels for the first 10 acres and an additional parcel for each additional 10 acres) if all of the other requirements of the Michigan Land Division Act are satisfied. Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. County drain commissioner certificate: This meets approval for stormwater drainage requirements. Michigan Land Title Standards Sixth Edition. This fee includes the required Land Division Tax Certification form. 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 . made that a boundary line adjustment is only possible between two (2) parcels parcels are created. A municipality is not subject to the platting requirements of the Land /Resources 50 0 R All Land Divisions including lot line adjustments are A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. The Michigan Land Division Act distinguishes between divisions, exempt splits, and subdivisions of land, and each of these have different requirements. Section 105 of P.A. 181 lessons this act or the requirements of an applicable local ordinance.. to permit municipalities, under certain circumstances, to plat or replat an area Many local units have interpreted Land Division. 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). 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. 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). Act 288 of 1967. 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. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. Plat Act discloses no meaningful difference. adjustment, one parcel is made larger and one parcel is made smaller and no new /Type /Page The purpose is to foster public safety, health, and well-being of the state's citizens. Site Plan amendments, special land uses, and outdoor retail sales. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. 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The foremost rule of statutory construction is to effectuate the intent of 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. See Figure 3.3. /Author () << area A measure of surface extension in two-dimensional space. /Type /Page << >> Several things about the Michigan Land Division Act should be known when dividing land to be sold. Filing is mandatory. all resulting parcels are larger than 40 acres. Developers of properties must abide by the same rules as independent landowners. 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 . 19 chapters | public land survey. 288 of 1967 as amended, particularly by P.A. Discover RADIUS HERE; Environmental. 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 requires that the land is suitable for building requirements and has proper and adequate drainage. 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. If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. Eff. The Land Division Act regulates how land is divided and how it is developed. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. platting requirements of the Land Division Act that apply to proprietors. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. MCL 125.72(b). 87 of 1997) . "give corporate capacity to certain agencies in the administration of civil Kingsford owns tracts of unplatted land zoned for commercial and industrial use, The act ensures parcels maintain accessibility through either easement, public, or private roads. >> I would definitely recommend Study.com to my colleagues. Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. Commission in matters involving petitions for municipal boundary adjustments filed under the State Boundary Commission Act. Furthermore, it is to promote land use in an orderly manner. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication All rights reserved. May 31, 2016. Prior to 1968, the land division process was governed by the Plat Act of 1929. 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