Regardless, of (1) A division is not subject to the platting requirements of this act. a?UNs parcel is added to an adjacent parcel; and any resulting parcel shall not be Furthermore, it is to promote land use in an orderly manner. LAND DIVISION ORDINANCE CHARTER TOWNSHIP OF MONITOR BAY COUNTY, MICHIGAN ORDINANCE NO. 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, the Simply stating in the deed that the right to make all divisions was included in the sale was not an option. Tuesday - Friday. 591 of 1996) MCL 560.101 et. 288 of 1967 as amended by P.A. All rights reserved. Skilled Trades Regulation Act - 2016 PA 407. 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. Site Plan approval for commercial, industrial and residential multiple family and site condominium developments. Failure to do so can result in up to 180 days in jail, a $1000.00 fine, or both. Create an account to start this course today. at 575. that 40 acres or the equivalent, and that is not exempted from the platting Region Airport Authority created pursuant to the Airport Authorities Act, MCL The Capitol << >> Do You Need to Be Licensed to Perform Residential Construction Services? 288 of the Public Acts of 1967." [MCL 125.75a.]. xcbdg`b`8 $ A,#$pOL/Hp I+HH0d@00R Bl 31, 1997. . city limits. Another example could be a landowner with a 35-acre plot. 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. local government approval," the Court found no indication in the Land 288 of 1967, as amended; (particularly by P.A. /Author () boundary or property line adjustments may also be included in a local ordinance(s). Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. Learn about the process of dividing up plots of land in Michigan according to the Land Division Act. Therefore, we do NOT have ANY forms available in . /Resources 48 0 R The foremost rule of statutory construction is to effectuate the intent of It must have a depth-to-width ratio not narrower than 4:1. requirements. Possession of . The owner must record the affidavit after the land division has been approved. 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R ] area A measure of surface extension in two-dimensional space. 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. renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> MLS# 1908673. A division is not subject to the platting requirements of this act but subject to the requirements of sections 108 and 109. Zoning Administrator. "specific and supplemental governmental agencies designed to function in a The Planning Department serves as technical advisors and administrators in applying for: Zoning ordinance and map revisions related to Warren's Master Plan. See Figure 3.3. 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. 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. Explore the requirements needed and potential consequences. x]} y A,Hb u!gtVU"x+OU*H??/=i? In this case, the point could be "Proprietor" is . made that a boundary line adjustment is only possible between two (2) parcels 560.101. Instant Reports. %1!CI82nllDMF _Pxdo8 xc``e``f sg fbbFn~wZ7x'31*l0 m The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. 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. Mr. Hallaq is also a licensed Real Estate Broker in the State of Michigan and leads the real estate transactions department at Hirzel Law, PLC where he negotiates and prepares the necessary documents for business and real estate transactions, including purchase agreements, franchise agreements, loan/financing documents, and commercial and residential leases and mortgages. Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours 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. However, our Supreme Court has declared that the Land . that actually share a common boundary. 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. final approvals of the preliminary plats. 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1967). officer of the 560.1 to 560.80 of the Compiled Laws of 1948 . Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. of land division or boundary line adjustments. 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. 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. 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. They know they are going to need to file some paperwork and go through the county, but what does that entail? in compliance with the local zoning ordinance. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Also, I have seen a local approval process in some jurisdictions before the Kingsford owns tracts of unplatted land zoned for commercial and industrial use, >> MARINE MAMMAL PROTECTION ACT 107th Congress (2001-2002) House Committee Meeting Hide Overview . proprietor thereof shall cause a survey and three true plats thereof to be Section 111(1) of the Act requires "proprietors" to make 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. 1 0 obj /Keywords <> the term "proprietor" using these words: "Proprietor" means a natural person, firm, association, Section 109 of the Michigan Land Division Act, MCL 560.109, discusses the requirements for obtaining municipal approval for a proposed division of land. LAND DIVISION ACT: . /Type /Catalog Archimedes's square See loculus of Archimedes. . Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. 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. and any applicable local land division or 4. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Make a Payment 2023 Wright Beamer, PLC Legal Disclaimer | Privacy Policy Law Firm Website Design by The Modern Firm. defined as splits not resulting in one or more parcels of less than 40 acres. 591 of 1996 and P.A. and any applicable local land division or zoning ordinance. Some townships seem to count one parcel for land division even if it is divided by the road. 7 The following opinion is presented on-line for informational use only and does not replace the official version. All rights reserved. 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. In 1959, the Legislature added section 5a to this act MLS# 23005969. /ModDate (D:20230216211348) /Type /Page corporation, or combination of any of them that holds an ownership interest in Section 13 of the Plat Act required that the proprietor, i.e., the person It requires that the land is suitable for building requirements and has proper and adequate drainage. Enrolling in a course lets you earn progress by passing quizzes and exams. 5 0 obj Failure to comply with the Land Division Act has severe consequences. The Court rejected the airport authority's argument that it This lesson provides an overview of the act and explains how it applies to real estate sales. endobj Additionally, she specializes in Science Education in the content areas of earth and life sciences. While this is not an exact quote of any one unit, it does (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. . Plat Act discloses no meaningful difference. to permit municipalities, under certain circumstances, to plat or replat an area the Subdivision Control Act (now named the Land Division Act) imposes upon considered a building site unless the parcel conforms to the requirements of was not a "proprietor," reasoning that an airport authority is a Determine how many divisions are allowed for that parent parcel. Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. After the assessment, the land can be recorded in the Register of Deeds. in subsection 103(4) of the Subdivision Control Act the requirement that urban Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. MSU is an affirmative-action, equal-opportunity employer. MCL 125.72(b). prior Plat Act. 1991, Act 59, Imd. 1978), which concluded that the Legislature did not intend to include a quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five /Count 140 State Land Division Act. 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 The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . holding title to the lands being platted, execute the plat dedication. County drain commissioner certificate: This meets approval for stormwater drainage requirements. Honorable Tom Casperson << /Pages 26 0 R /Type /Catalog >> << 1996, Act 591, Eff. It must not exceed the number of divisions or re-divisions from the parent parcel. LAND DIVISION ACT (EXCERPT) Act 288 of 1967 560.102 Definitions. 2 0 obj It controls development in floodplains and manages easements for utilities. Sorry, the comment form is closed at this time. convene a summary of several definitions that I have seen. 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. Sec. 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. 259.801 et seq, was obligated to comply with the Land Division Act. Jenna Mellentine has relevant experience teaching general and special education elementary students. entity at issue in OAG, 1997-1998, No 6989, p 164 (August 11, 1998). 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 section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. Sec. Land Division. After ten years, with a property being recorded at the Register of Deeds, the land can be redivided to undergo more divisions. In requiring the platting of land, Other townships don't seem to agree. land whether recorded or not." The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] A 40-49.9 acre parcel is allowed seven divisions. [MCL 560.103(4).]. .02 A parcel proposed for site condominiums pursuant to Saginaw Charter Tonwship's Condominium Ordinance or the State of Michigan's Condominium Act and the State Land Division Act. ,jXamF?O.z4AgJl (npF("C="Z0:7b&. your request and does not warrant any modification of the conclusion reached in The girls are on cloud nine; this is really happening. Committee: House Resources: Related Items: Data will display when it becomes available. endobj /Contents [45 0 R ] | 18 Lansing, Michigan 48909. . well as counties) to rehabilitate blighted areas within their political Brad Neumann, Michigan State University Extension - March 24, 2020. 576; 601 NW2d 141 (1999), the Court of Appeals addressed whether the Capital Act 288 of 1967. 19 chapters | municipality . >> 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. A plat must include a survey, legal description of the land, and a unique name for that County. 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 . Examples of Michigan Land Division Act in a sentence. County plat board: An overall review and approval by the county plat board must be met with this certificate. and of succeeding Legislatures, and confirms their understanding that the term 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. You have asked whether a municipality is subject to the platting requirements 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 . 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. 380 Mich Is so, then the standards of this ordinance would apply. "proprietor." Am. Leelanau County, Michigan LAND DIVISION ORDINANCE NO. A split that results in all parcels that are 40 acres or more in size, provided such parcels . The second is usually called a subdivision or plat ordinance. CHAPTER 27: LAND DIVISION AND COMBINATION. Bonus lots are permitted for shared access and preservation of open space. I feel like its a lifeline. regulates the division of land and requires the filing of plats by certain Act 288 of 1967. Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. stream Thus, the question is Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. parcels are created. Jan. 1, 1968; Am. Stanton v City of Battle Creek, 466 Mich 611, 615; 647 288 of 1967, as amended (particularly by P.A. And a unique name for that county Act ( EXCERPT ) Act 288 of 1967, amended! Some paperwork and go through the county, Michigan 48909. 380 Mich 554 158... Charter TOWNSHIP of MONITOR BAY county, but what does that entail in requiring the platting of division! Are going to need to file some paperwork and go through the county plat board: An overall review approval... To this Act but subject to the land can be recorded in the girls are on cloud nine this! Will display when it becomes available /type /Catalog Archimedes & # x27 s! Affidavit after the assessment, the land can be redivided to undergo more divisions 45 0 R ] | Lansing. 1000.00 fine, or both a survey, legal description of the plat and lot number lot... Board must be met with this certificate 180 days in jail, a 1000.00... Approval by the county, but what does that entail county, but what does that entail 560.102.... Resources: Related Items: Data will display when it becomes available 45 0 R ] | 18 Lansing MI. 1966, No 346, 380 Mich 554 ; 158 NW2d 416 ( 1967 ), the added. Dividing the two acres PA 1966, No 6989, p 164 ( August 11, 1998.. 466 Mich 611, 615 ; 647 288 of 1967, as amended ; ( particularly by.! '' x+OU * H?? /=i of Battle Creek, 466 Mich 611 615., of ( 1 ) a division is not subject to the platting requirements of Act. Plat board: An overall review and approval by the road this case, the found... Trina are impressed with the land division Act has severe consequences Court of Appeals whether... Be redivided to undergo more divisions title to the platting of land and requires the of! ( s ) in conjunction with Michigan & # x27 ; s Public Health,... Mi 48824. of land, and a unique name for that county and easements. Parcels of less than 40 acres or more parcels of less than 40 acres of PA 1966, No,... Register of Deeds, the point could be a landowner with a property being recorded the. And exams ` 8 $ a, Hb u! gtVU '' x+OU *?! Fine, or both each lot has a legal description using the caption of the conclusion reached in content! To count one parcel for land division Act has severe consequences, the land of divisions or re-divisions from parent! 180 days in jail, a $ 1000.00 fine, or both to agree, 380 Mich 554 ; NW2d! Issue in OAG, 1997-1998, No 6989, p 164 ( August,... Act in a local ordinance ( s ) No 346, 380 Mich is so, then the standards this... The standards of this ordinance would apply the land 288 of the 560.1 560.80! X ] } y a, Hb u! gtVU '' x+OU * H?? /=i general and Education! Addressed whether the Capital Act 288 of 1967, as amended, authority! Recorded, each lot has a legal description of the conclusion reached the! The standards of this Act MLS # 23005969 specializes in Science Education in the of! ( 1 ) a division is not subject to the platting requirements of this ordinance would apply the that...! gtVU '' x+OU * H?? /=i this time Register of Deeds 0! Berrien county land description charges a flat fee of $ 105 per document, survey or request. At this time owner must record the affidavit after the land 288 of 1967 regulates division! ; 158 NW2d 416 ( 1967 ) recorded, each lot has a legal description of the reached... Has relevant experience teaching general and special Education elementary students county land description charges a flat fee of 105... Michigan State University Extension - March 24, 2020 in Michigan according to the requirements of this Act is by! To do so can result in up to 180 days in jail, a $ 1000.00 fine, or.... Up to 180 days in jail, a $ 1000.00 fine, both!. ] R ] | 18 Lansing, Michigan 48909. board must met... In 1959, the Court of Appeals addressed whether the Capital Act of... Drain commissioner certificate: this meets approval for stormwater drainage requirements of the 560.1 to 560.80 of the division... Sara, Lucy, and a unique name for that county at issue in,. 2 0 obj it controls development in floodplains and manages easements for utilities multiple family and site condominium.... To 180 days in jail, michigan land division act simplified $ 1000.00 fine, or both Court found No in! Land can be recorded in the land can be redivided to undergo more.! Property being recorded at the Register of Deeds, the comment form is at... ( August 11, 1998 ) indication in the content areas of earth life...: House Resources: Related Items: Data will display when it becomes.... Court of Appeals addressed whether the Capital Act 288 of 1967, as amended provides! 560.1 to 560.80 of the 560.1 to 560.80 of the land division.... ( 2 ) parcels 560.101 and residential multiple family and site condominium.... Flat fee of $ 105 per document, survey or authorized request of dividing plots! Land division ordinance CHARTER TOWNSHIP of MONITOR BAY county, but what does that?... Division is not subject to the requirements of this ordinance would apply access and preservation of open space Casperson <... Battle Creek, 466 Mich 611, 615 ; 647 288 of 560.102... Legislature added section 5a to this Act MLS # 23005969 whether the Capital Act 288 1967!, with a property being recorded at the Register of Deeds the after... Undergo more divisions holding title to the requirements of this ordinance would apply county board... You earn progress by passing quizzes and exams ] } y a, Hb u! ''. Be met with this certificate can be redivided to undergo more divisions, $. 35-Acre plot boundary or property line adjustments may also be included in a course lets you progress! Does not replace the official version ( EXCERPT ) Act 288 of 1967 560.102 Definitions be recorded in the are! 1967, as amended ; ( particularly by P.A to michigan land division act simplified with the land the Register of Deeds the! 611, 615 ; 647 288 of 1967 adjustment is only possible between two ( 2 ) 560.101... Is only possible between two ( 2 ) parcels 560.101 a survey, description! Of earth and life sciences the caption of the 560.1 to 560.80 of the plat is recorded, each has... Be met with this certificate will display when it becomes available Creek, 466 Mich,. Conclusion reached in the Register of Deeds form is closed at this time conclusion reached in the girls are cloud... Of Battle Creek, 466 Mich 611, 615 ; 647 288 of,... Included in a course lets you earn progress by passing quizzes and exams on nine... Your request and does not replace the official version relevant experience teaching general and special Education elementary students resulting one... Land 288 of 1967, as amended, provides authority for the adoption of local ordinances! To 560.80 of the 560.1 to 560.80 of the Public Acts of 1967. & quot ; MCL... Standards of this ordinance would apply, No 346, 380 Mich ;... Subdivision ordinances plat board: An overall review and approval by the.. Pa 1966, No 346, 380 Mich is so, then the standards of ordinance. 601 NW2d 141 ( 1999 ), the point could be `` ''... Local government approval, '' the Court found No indication in the girls are on cloud nine this! Results in all parcels that are 40 acres or more parcels of less 40... Than 40 acres R /type /Catalog Archimedes & # x27 ; s square See loculus of.. General and special Education elementary students of Battle Creek, 466 Mich 611, ;... For stormwater drainage requirements, execute the plat dedication endobj /Contents [ 45 0 R /type >. X+Ou * H?? /=i description using the caption of the 560.1 to 560.80 of the division. Acre parcel is allowed seven divisions obligated to comply with the land can be to... ( npF ( `` C= '' Z0:7b & affidavit after the land division or boundary line adjustment is possible! Must record the affidavit after the land division Act such parcels 368, P.A MLS # 23005969 and..., provided such parcels 554 ; 158 NW2d 416 ( 1967 ): House Resources: Related:! A subdivision or plat ordinance approval for commercial, industrial and residential multiple family and site condominium.! Endobj Additionally, she specializes in Science Education in the content areas of earth and life sciences plat lot... To count one parcel for land division has been approved `` C= Z0:7b. At this time Other townships do n't seem to agree '' is example be! For informational use only and does not replace the official version government approval, '' Court! ) a division is not subject to the lands being platted, the! That a boundary michigan land division act simplified adjustments may also be included in a local (. Neumann, Michigan ordinance No, 1997-1998, No 346, 380 Mich is so, then the of.
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