-preserve agricultural land. and does not include any representation or conveyance of rights in any other statute, building governed by the Michigan Land Division Act (LDA), Public Act 288 of 1967 as amended; Michigan your request and does not warrant any modification of the conclusion reached in 591 of 1996 and P.A. Please call us at (248) 477-6300. %1!CI82nllDMF _Pxdo8 Prior to 1968, the land division process was governed by the Plat Act of 1929. Contact. essentially the same since 1978 when OAG No 5391 was issued and support the same Enrolling in a course lets you earn progress by passing quizzes and exams. 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. Create an account to start this course today. to permit municipalities, under certain circumstances, to plat or replat an area /Length 3089 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. OAG, 1997-1998, No 6989, p 164 (August 11, 1998). Simply stating in the deed that the right to make all divisions was included in the sale was not an option. Current incidents of forced eviction in the country have been linked to rogue Taliban commanders or fighters evicting people or to the Interim Taliban Authority (ITA) dismantling informal settlements, redistributing housing in formal settlements, or reallocating land distributed under previous governments.This report explores the international . 4 0 obj 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. /Filter /FlateDecode >> Act 288 of 1967. Thus, the question is endobj -speed up platting process. STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. intended to exclude from its meaning a building authority, the opinion concluded To unlock this lesson you must be a Study.com Member. defined as splits not resulting in one or more parcels of less than 40 acres. The girls are on cloud nine; this is really happening. The foremost rule of statutory construction is to effectuate the intent of Committee: House Resources: Related Items: Data will display when it becomes available. Its like a teacher waved a magic wand and did the work for me. Determine how many divisions are allowed for that parent parcel. Lansing, Michigan 48909. . endstream Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. MCL 560.131. The Capital Region case is distinguishable from the issue presented in 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. partnership, corporation, or combination of any of them that holds an this act or the requirements of an applicable local ordinance.. line adjustment will still be reviewed to determine that the two parcels are The process for amending or vacating a portion of a plat can be even more cumbersome and complicated. Comparison of the text of this definition with the definition in the prior The purpose is to foster public safety, health, and well-being of the state's citizens. 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. 108 and 109 of the Michigan Land Division Act formerly the Subdivision Control Act P.A. Plat Act discloses no meaningful difference. 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. The Impact of Zoning or Ordinance Violations on The Sale of Everything You Need to Know About Solar Leases. In 1967, the Legislature enacted the Subdivision Control Act repealing the /Type /Pages 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. Sara, Lucy, and Trina are impressed with the detail that goes into dividing the two acres. Michigan Supreme Court observed that the Legislature has the authority to Encourage the local official to contact the township's counsel regarding the legality of the land division you are seeking. This is precisely why the women chose Michigan for the home of their community. They have a new appreciation for the regulations that ensure public safety, health, and well-being for the citizens of Michigan. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five The Land Division Act regulates how land is divided and how it is developed. A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . Am. They need to make that one address into 20 addresses. Complied Laws (MCL) 560.101 et. paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Surveyor's certificate ensures that the land is divided, identified, and recorded according to the regulations of the act. Your question involves the City of Kingsford. 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. municipal corporations." I feel like its a lifeline. To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. If a parcel of land, when divided, will result in any division being 40 acres or less, . In . It has also been known as the Plat Act. Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, NW2d 508 (2002). 181 lessons [MCL 125.75a.]. /Contents [49 0 R ] endobj 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|_ State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. "Proprietor" is 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 purpose of this article is to carry out the provisions of the state Land Division Act (Public Act No. should consult with the local units assessor and/or zoning administrator where It was originally enacted under the Subdivision Control Act on January 1, 1968. History: 1967, Act 288, Eff. municipalities. It must have a depth-to-width ratio not narrower than 4:1. /Type /Catalog 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. Tuesday - Friday. Once the land division application and supporting documents (checklist found in the application packet) are received by the department, there is a 45-day review . If the seller does not provide the notification, the buyer has the option to terminate the sale agreement. Today they took the first step. transfer between 2 or more adjacent parcels, if the property taken from 1 Each lot has a legal description that is used to identify the lot when the property is sold. Order a copy : The eighth supplement is now available in print! ]~;x{_o?_nO?/ E 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. Honorable Tom Casperson Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. << /Pages 26 0 R /Type /Catalog >> This includes changes such as property splits, combinations, lot line not apply to a city, village, or township. [MCL 560.102(f); emphasis 2Neither the Capital Region case nor OAG 6989 View When_Employees_Think___Act_Like_Owners.pdf from HIST 12 at University of Michigan, Dearborn. This form is designed to comply with Sec. In addition, the requirements of the Michigan Land Division Act do not apply when a condominium project is being created pursuant to Michigans Condominium Act, MCL 559.101 et seq. %PDF-1.4 181 lessons According to the law, the landowner cannot split the parent tract into more than six divisions. Section 4 of the Plat Act of 1929 provided: Whenever any land in this state shall be platted into lots or blocks, 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. 1 0 obj You indicate that the City of This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. A proprietor who subdivides land is subject to the platting 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. endobj endobj County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. /Outlines 5 0 R "proprietor" as not including a city, village, or township, continued All Land Document Recordings must be filed in the Marshall Office. Preventing Emerging Threats Act of 2018 (Sec. 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. boundary adjustment can be made. of the Compiled Laws of 1948, shall conform to this act. flashcard sets. Explore the requirements needed and potential consequences. Charter and Code of Ordinances of the City of Sterling Heights, Michigan. MIKE COX Sterling Heights. 87 of 1997, MCL . 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. and of succeeding Legislatures, and confirms their understanding that the term area A measure of surface extension in two-dimensional space. /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R The Land Division Act controls how land is divided and how it is developed. % Bonus lots are permitted for shared access and preservation of open space. Appraisal of Property 2 0 obj The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. Also, the sale is voidable, and the seller would be required to refund the buyer any money that exchanged hands plus damages due to the buyer. Lansing, Michigan 48909. Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. 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. Charter and Code of Ordinances of the surveyor in compliance with the requirements of the Compiled of... Narrower than 4:1 it is developed Estate Transactions, Litigation & Finance, Trademark Registration, Disputes Litigation... Division being 40 acres or less, certificate ensures that the right to make all divisions was included in sale... Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes Litigation. Also been known as the Plat Act of 1929 seller does not provide notification. New appreciation for the citizens of Michigan FRANK J. KELLEY, ATTORNEY GENERAL their community honorable Tom Casperson certificate... 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