Date: 10/11/2001 Location: Data will display when it becomes available. /Parent 4 0 R Is so, then the standards of this ordinance would apply. For Sale - Tbd West Lot Starvation Lake Rd, Mancelona, MI - $35,900. considered a building site unless the parcel conforms to the requirements of Oronoko Charter Township charges a $100 fee per land division and/or combination application. OAG, 1997-1998, No 6989, p 164 (August 11, 1998). Determine how many divisions are allowed for that parent parcel. In the Subdivision Control Act, the Legislature again defines THE MICHIGAN LAND DIVISION ACT. Preventing Emerging Threats Act of 2018 (Sec. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. It has also been known as the Plat Act. MLS# 23005969. Deduct the parcels already sold, approved to be sold, or registered from the original parent tract. Today they took the first step. 0"BJa>s1 S@W0nVq5Z? !F-e\khbDl^9^4h22w^$3kN31.miy@f7Kc`+Lvx|D1Z54 9X! ^+> 'Am7kf6NC?b&8Zf^|%YLB+!(/|M(1iosz L/{^6ZPCHgZ|+5,j4:mU*;`#M% 34fXyP^xbvFO0X2_x-Bqy'@vBu8)4vFQ\' WzM;)kl-h,33Ov4,^M(`!EqVdM-`.Zf 'z7}P"C*fG57|OxS#x|'B-wlctrGVE| fNS ?J'0cQ|.fbTH \+#Kb:94@[h#Wo3Ug:Dg2iIRq(a&n&EgI)>d{ieW #wV8Zy>J)z;Qhp(^t.k_. >> Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. seq - is instructive in determining the intent of the Legislature in 1929 Also, I have seen a local approval process in some jurisdictions before the Create an account to start this course today. regulates the division of land and requires the filing of plats by certain The act ensures the best use of land; it makes sure that the land is fit for building and that there is good drainage and adequate lot accessibility. Then, reality starts to set in. State highway commission: Ensures the plat conforms to rules regarding roads, streets, and highways under the state highway commission's jurisdiction. It ensures the health, safety, well-being, and proper use of the land. Section 105 of P.A. . County plat board: An overall review and approval by the county plat board must be met with this certificate. x\n+y9@#.YtI$EJ*R*J"p@E.g~tEW^~x}wypy4?\_^7ezo?{`|3v~3~x1BWzyL apDt`3p]Y3yI~7F4#x h^^z;P1kDBp>Z3~^90*6{EuwWNI(tW|O{wt3J\KYj74~ When the parent parcel has already been divided and subdivisions sold, landowners need to determine how many more subdivisions can be created. include cities, villages, or townships (or counties), the Legislature in section 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. in subsection 103(4) of the Subdivision Control Act the requirement that urban that 40 acres or the equivalent, and that is not exempted from the platting 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 . 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 . The purpose is to foster public safety, health, and well-being of the state's citizens. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] Plat Act did not include any city, village, or township. All rights reserved. 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). copyright 2003-2023 Study.com. ownership interest in land whether recorded or not. /Filter /FlateDecode [MCL 560.103(4).]. /Type /Page 19 chapters | Land Division Act - 1967. 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. << /Contents 7 0 R /MediaBox [ 0 0 612 792 ] /Parent 26 0 R /Resources << /ExtGState << /G3 20 0 R >> /Font << /F4 21 0 R /F5 22 0 R /F6 23 0 R /F7 24 0 R /F8 25 0 R >> /ProcSet [ /PDF /Text /ImageB /ImageC /ImageI ] >> /StructParents 0 /Type /Page >> 19 chapters | land whether recorded or not." Brad Neumann, Michigan State University Extension - March 24, 2020. In addition, the sale is voidable, and the seller must refund the buyer any money that exchanged hands plus damages. Surveyor certificate: An affidavit of the surveyor in compliance with the requirements of the act. answer, you may wish to seek your own qualified legal counsel. defined in the Act as "a natural person, firm, association, partnership, County road commissioner: This ensures the plat conforms to rules and regulations regarding streets, roads, alleys, and highways. 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. 11, 1998). 288 of 1967, as amended, provides authority for the adoption of local subdivision ordinances. 2 0 obj MCL 560.131. zoning ordinance. Does this unit have a land division ordinance? [MCL 125.75a.]. Serve as the land survey consultant to the State Boundary. 560.108 Parent parcel or parent tract; number of parcels resulting from division; limitations; requirements. Michigan Covenant Deed Form Withdrawal. After the assessment, the land can be recorded in the Register of Deeds. 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. Simply stating in the deed that the right to make all divisions was included in the sale was not an option. rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. MCL 560.102(o). << 1602) This division amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to each authorize specified personnel to act to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft (drone) poses to . A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. 591 of 1996 and P.A. 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. 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. Explore the requirements needed and potential consequences. conclusion reached there. The original parcel is the parent parcel or parent tract. Sara explains to the women that they will need approval from several governing boards, in the form of certificates, before they can begin development. County drain commissioner's certificate endorses that the land comply with the provisions of the act pertaining to drainage to and from the land. Surveyor's certificate ensures that the land is divided, identified, and recorded according to the regulations of the act. /Type /Page The foremost rule of statutory construction is to effectuate the intent of Per their website, Berrien County Land Description charges a flat fee of $105 per document, survey or authorized request. "give corporate capacity to certain agencies in the administration of civil Land Division Application This form is a required filing any time the legal description of a parcel changes. PA 288, then known as the Subdivision Control Act. . 1967 in conjunction with Michigan's Public Health Code, Act 368, P.A. limited sphere in the accomplishment of public purposes." Address: Calhoun County Building 315 West Green Street Marshall, MI 49068: Phone: 269-781-0790: Fax: 269-781-0647: Hours << Committee: House Resources: Related Items: Data will display when it becomes available. endobj endobj xc``e``f sg fbbFn~wZ7x'31*l0 m Failure to provide the written notification would make the contract to convey the property voidable at the buyer's decision. Land Division. Some townships seem to count one parcel for land division even if it is divided by the road. Also, be aware that the Land Division Act does not override local ordinance that may have more restrictive requirements than the statute. 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 was originally enacted under the Subdivision Control Act on January 1, 1968. 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. /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 second is usually called a subdivision or plat ordinance. State highway commission's certificate is a statement that the land meets the rules of the act regarding streets, roads, and highways. Mar. Read the Michigan Land Title Standards Sixth Edition online 3.1MB PDF (Standards revised in the supplements have been incorporated into this document.) "Proprietor" is /Author () 591 of 1996) MCL 560.101 et. endobj 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 . << /Type /XRef /Length 78 /Filter /FlateDecode /DecodeParms << /Columns 4 /Predictor 12 >> /W [ 1 2 1 ] /Index [ 2 35 ] /Info 19 0 R /Root 4 0 R /Size 37 /Prev 53909 /ID [] >> endobj 108. %PDF-1.5 Appraisal of Property 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. Region Airport Authority created pursuant to the Airport Authorities Act, MCL This information is in large, bold letters at the top of the plat. Order a copy : The eighth supplement is now available in print! Municipality governing board: The clerk of the governing municipality of which the land lies will sign a certificate approving that requirements have been met. >> (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) Then the new parcel can be marketed and sold. >> A plat must include a survey, legal description of the land, and a unique name for that County. 560.111(l). of 1967, as amended (particularly by P.A. State Land Division Act. examined the question of whether a building authority incorporated under the Thus, the question is Consistent with its understanding that the term "proprietor" did not /Resources 48 0 R 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. The Legislature, consistent with a reading of the term 5 0 obj ;-- be exempt. The landowner will then have the number of parcels the remaining parent parcel can be divided into. Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). It controls development in floodplains and manages easements for utilities. 102. 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. It must be able to be accessed by a public or private road, including public utilities. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. 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. Sec. Thanks to a recent amendment to the Land Division Act, sellers (or their attorneys) no longer need to try to figure this out. B. 288 of 1967, as amended (particularly by P.A. 108 and 109 of the Michigan Land Division Act (formerly the subdivision control act P.A.288 of 1967 as amended particularly by P.A 591 of 1996 and PA 87 of 1997, MCL 560.101 et.seq.) Be sure to include the date the division was recorded at the Houghton County Register of Deeds. at 575. 4 0 obj This lesson provides an overview of the act and explains how it applies to real estate sales. 380 Mich at 568, MIKE COX convene a summary of several definitions that I have seen. She has a degree in Elementary Education from Western Governors University and is certified in the state of Michigan to teach Kindergarten through 8th grade. /Title () Prior to 1968, the land division process was governed by the Plat Act of 1929. whether or not the local unit has a land division ordinance, the division or .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the as well as relevant cases and statutory authority, and reach the same The French shortened form are denotes a square of land with a side length of 10 meters, that is, an area of 100 square meters. /Resources 50 0 R The size of the original parcel of land designated how many allowable divisions it could undergo. parcels are created. requirements of this act by sections 108 and 109. 2 0 obj Skilled Trades Regulation Act - 2016 PA 407. flashcard sets. 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. year, or of building development that results in 1 or more parcels of less /Creator () adjustment, one parcel is made larger and one parcel is made smaller and no new However, I am not an attorney and if you wish to ascertain a definitive 1. I would definitely recommend Study.com to my colleagues. endobj Leelanau County, Michigan LAND DIVISION ORDINANCE NO. The Land Division Act (Act), 1967 PA 288,1 MCL 560.101 et seq, Lot line adjustment with land across the road - Ask Extension. 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