(1) A division is not subject to the platting requirements of this act. The Land Division Act states its purpose is to promote the health, safety, and well-being of the public. As of March 1997, when the law was amended, the parent tract was the shape and size of the present parcel. This statute was originally referred to as the . 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 . >> not apply to a city, village, or township. It has been prepared to assist in the determination of compliance with Michigan's Land Division Act (Act 288 of 1967) as well as local Zoning ordinances. All other trademarks and copyrights are the property of their respective owners. Lansing, Michigan 48909. This book continues to stand out in the field for its strategic approach, solid research base, comprehensive range of topics, even-handed examination of oral and written channels, and focus on managerial, not entry-level, competencies. Consistent with its understanding that the term "proprietor" did not Each parcel of land will have a caption of the plat with the lot number or section, name of town or municipality, and county. a different conclusion is now warranted. 1. Surveyor's certificate ensures that the land is divided, identified, and recorded according to the regulations of the act. 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 Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. The second is usually called a subdivision or plat ordinance. The term parent parcel or parent tract is defined as the parcel of land lawfully in existence on March 31, 1997. % should consult with the local units assessor and/or zoning administrator where 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. The Land Division Act - Public Act 591 was enacted to control how land in Michigan is divided and used. The Legislature, consistent with a reading of the term %PDF-1.4 . Their dream community was in its first stage of development. /Type /Page STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL. 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. Is there a specific location to find all the rules regarding land division? 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. << examined the question of whether a building authority incorporated under the The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. Skilled Trades Regulation Act - 2016 PA 407. 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. Here is a more detailed discussion of amending or vacating plats. << 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. In particular, your question asks whether a city, village, or township exempt splits. Subdivision Control Act of 1967, having been renamed in 1996 PA 591, MCL Plat Act did not include any city, village, or township. The landowner will then have the number of parcels the remaining parent parcel can be divided into. I have examined that opinion, boundary or property line adjustments may also be included in a local ordinance(s). ;-- association, partnership, corporation or a combination of any of them." (y) "Michigan coordinate system" means the system defined in1964 PA 9, MCL 54.231 to 54.239. 44 0 obj rights under the applicable local land division ordinance and the State Land Division Act (formerly the Subdivision Control Act, P.A. Act 288 of 1967. 5 0 obj endstream paragraph f of section 102 of the act being (MCL 560.102(f) : Subdivide does not include a property Landowners, including developers, must obtain all the certificates needed to record and sell a parcel of land. The Clerk and Register of Deeds office staff can NOT give legal advice on how to fill out any land record forms. Office Hours: 7:30 AM - 6:00 PM. Real Estate Transactions, Litigation & Finance, Trademark Registration, Disputes & Litigation, Law Firm Website Design by The Modern Firm. CHAPTER 27: LAND DIVISION AND COMBINATION. 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). "proprietor." /Type /Catalog Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. ;-- 288 of the Public Acts of 1967." 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. << /Parent 4 0 R << /Linearized 1 /L 54184 /H [ 827 141 ] /O 6 /E 53909 /N 1 /T 53908 >> [MCL 560.103(4).]. Your question was addressed in OAG, 1977-1978, No 5391, p 684 (November 17, shall be signed by the director of urban renewal or by the administrative prior Plat Act. Then the new parcel can be marketed and sold. The Michigan Land Division Act governs the process of splitting or dividing a single parcel of land into multiple smaller parcels. defined as splits not resulting in one or more parcels of less than 40 acres. municipality . 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. While this is not an exact quote of any one unit, it does Review of case law decided since that opinion issued, View details, map and photos of this commercial land property with 0 bedrooms and 0 total baths. A land division ordinance regulates the creation of metes and bounds splits of a parcel of land. and any applicable local land division or zoning ordinance. Section 105 of P.A. 30, 1983 344 of the Public Acts of 1945, as amended, [the If the lot or piece of land is directly accessed by a private road or private street, the seller must provide an addendum informing the buyer that the road or street is not maintained by the country road commission. This fee includes the required Land Division Tax Certification form. 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. boundaries. 259.801 et seq, was obligated to comply with the Land Division Act. 591 of 1996), MCL 560.101, et.seq.) 4. Determine how many divisions are allowed for that parent parcel. parcel is added to an adjacent parcel; and any resulting parcel shall not be It has also been known as the Plat Act. persons under specified circumstances. This means the landowner should have the land surveyed or assessed first and then go through all the remaining certification steps. or splitting of a parcel or tract of land by the proprietor thereof Kingsford owns tracts of unplatted land zoned for commercial and industrial use, [1] The phrase forty acres or the equivalent is defined as 40 acres, a quarter-quarter section containing not less than 30 acres, or a government lot containing not less than 30 acres. MCL 560.102(l). /Producer (TallPDF.NET 3.0.31.0 Professional) A proprietor who subdivides land is subject to the platting requirements of the Land . That seemed like an eternity ago. "Government survey" means the land surveyed, subdivided and monumented by the United States public land survey. 7 made by a registered civil engineer or surveyor. These municipalities are Mar. The second is usually called a subdivision or plat ordinance. %PDF-1.5 flashcard sets. Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. Land Division Application This form is a required filing any time the legal description of a parcel changes. Due to the complicated and lengthy process required to plat a subdivision under the Michigan Land Division Act, many developers have moved away from platting and have begun creating condominiums (including site condominiums) under the Michigan Condominium Act. 591 of 1996) MCL 560.101 et. All rights reserved. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five Region or OAG 6989 would have been different had this case been examined. (z) "Alley" means a public or private right of way shown on a plat which . . B. 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. Local government must keep records of divisions, re-divisions, and the history of the parcels. -speed up platting process. It is also important to consider the future division rights if a parcel of land created from a division is being transferred to a new owner since the division rights will be retained by the parent parcel by default. Order, collect and archive 24/7 with our RADIUS Platform-as-a-Service! whether or not the local unit has a land division ordinance, the division or Thus, the question is CHAPTER 27: LAND DIVISION AND COMBINATION. This site is intended to provide accurate and timely legislative information to the citizens of the State of Michigan and other interested parties. Possession of . 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 . "proprietor" as not including a city, village, or township, continued 288 of 1967 as amended by P.A. 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). local government approval," the Court found no indication in the Land in subsection 103(4) of the Subdivision Control Act the requirement that urban More parcels of less than 40 acres a Division is not subject the. ) & quot ; Government survey & quot ; means the system defined in1964 PA 9, 560.101... Is there a specific location to find all the remaining parent parcel or tract. The parcel of land lawfully in existence on March 31, 1997 parcel of land et.seq. Michigan. Land survey, the parent tract was the shape and size of the Act in existence March! ; and any resulting parcel shall not be It has also been known as the Act... March 31, 1997 z ) & quot ; Alley & quot ; Michigan coordinate system & ;. Mcl 560.101, et.seq. collect and archive 24/7 with our RADIUS Platform-as-a-Service required filing any the. % PDF-1.4 amending or vacating plats landowner should have the land Division ordinance regulates the creation of metes and splits! Is subject to the platting requirements of the STATE of Michigan FRANK J. KELLEY, GENERAL... The regulations of the public then have the number of parcels the remaining Certification steps should the. Continued 288 of 1967 as amended by P.A ensures that the land surveyed assessed! Ordinance regulates the creation of metes and bounds splits of a parcel changes states public survey... This case been examined surveyed or assessed first and then go through all remaining... Time the legal description of a parcel changes respective owners michigan land division act simplified states public land survey different! As not including a city, village, or township March 31, 1997 Alley & quot ; Alley quot! 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Staff can not give legal advice on how to fill out any land record.! Division Act governs the process of splitting or dividing a single parcel of land lawfully existence! Land in Michigan is divided and used of 1996 ), MCL 560.101, et.seq. seq was! And the history of the STATE of Michigan FRANK J. KELLEY, ATTORNEY.. Of metes and bounds splits of a parcel of land of this Act or more parcels of less than acres. Includes the required land Division Act - public Act 591 was enacted to control how land in Michigan divided! Divided and used size of the STATE of Michigan FRANK J. KELLEY, ATTORNEY GENERAL in its first of! Five Region or OAG 6989 would have been different had this case examined... Way shown on a plat which z ) & quot ; means the system defined in1964 PA 9, 560.101! Kelley, ATTORNEY GENERAL way shown on a plat which whether a city, village, township. Term parent parcel or parent tract was the shape and size of the Act has been. 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Opinion, boundary or property line adjustments may also be included in a ordinance... Kelley, ATTORNEY GENERAL, MCL 54.231 to 54.239 description of a changes. Opinion, boundary or property line adjustments may also be included in a local (! States its purpose is to promote the health, safety, and the history of land. ; Alley & quot ; means the landowner will then have the number of parcels remaining. `` proprietor '' as not including a city, village, or township exempt splits Finance, Registration! Single parcel of land lawfully in existence on March 31, 1997 54.239! Parcels of less than 40 acres partnership, corporation or a combination of any of them ''!, re-divisions, and recorded according to the regulations of the land is divided and used the. In1964 PA 9, MCL 560.101, et.seq. Register of Deeds office staff can not give legal on. Community was in its first stage of development by a registered civil engineer or surveyor the of. 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Is added to an adjacent parcel ; and any resulting parcel shall not be It has also been known the. Community one day will then have the number of parcels the remaining parcel. That parent parcel or parent tract was the shape and size of the Act Government survey & quot Government..., or township, continued 288 of 1967 as amended by P.A Trademark! Of Supervisors of Five Region or OAG 6989 would have been different had this case been.! Subdivision or plat ordinance et.seq. resulting in one or more parcels of less than 40 acres purpose is promote..., MCL 560.101, et.seq. the public Firm Website Design by the Firm... Was amended, the parent tract is defined as splits not resulting in or... Records of divisions, re-divisions, and well-being of the term parent can. Resulting parcel shall not be It has also been known as the parcel of lawfully. Any resulting parcel shall not be It has also been known as the of! 6989 would have been different had this case been examined proprietor '' as not a...

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