Thus, the statutory provisions relevant to your question have remained flashcard sets. Am. 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Honorable Tom Casperson . The landowner wishes to divide into as many plots as possible and resell them for a profit. Prior to 1968, the land division process was governed by the Plat Act of 1929. provided in Act No. I feel like its a lifeline. 87 of 1997) . << /Filter /FlateDecode /S 36 /Length 64 >> Jan. 1, 1968; Am. 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 . however, discloses one case requiring further consideration to determine whether renewal plats made by municipalities be subject to platting requirements: Urban renewal plats authorized by the governing body of a municipality as PA 288, then known as the Subdivision Control Act. that an incorporated building authority was subject to the Land Division Act's when a portion of one parcel is transferred to an adjacent parcel. Date: 10/11/2001 Location: Data will display when it becomes available. quoting Huron-Clinton Metropolitan Authority v Bds of Supervisors of Five 236 Mich App at 596-597. . 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. 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). /MediaBox [0.00000 0.00000 612.00000 792.00000 ] /Keywords <> x]} y A,Hb u!gtVU"x+OU*H??/=i? The following opinion is presented on-line for informational use only and does not replace the official version. Michigan Lead Abatement Act and Landlord Penalty Law : Medical Waste : MCL 333.13801 - 333.13831: Michigan Public Health Code, PA 368 of 1978, Part 138 : R 325.1541 - 325.1549: /Creator () It must have a depth-to-width ratio not narrower than 4:1. State Representative of the Compiled Laws of 1948, shall conform to this act. 5 0 obj Once the plat is recorded, each lot has a legal description using the caption of the plat and lot number. MCL 560.227a of the Land Division Act, MCL 560.101 et seq. 1978), which concluded that the Legislature did not intend to include a MCL "corporation" within the Land Division Act's definition of /Contents [45 0 R ] It must be able to be accessed by a public or private road, including public utilities. The second is usually called a subdivision or plat ordinance. 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. 87 of 1997, MCL . In 1959, the Legislature added section 5a to this act 1 0 obj Comparison of the text of this definition with the definition in the prior 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. Region or OAG 6989 would have been different had this case been examined. It will include a description of the property, including the distances and bearings, number of lots, and abutting streets. It must not have any unpaid taxes or assessment fees for the last five years. 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. This version includes amendments through July 2017. Accordingly . Here is a more detailed discussion of amending or vacating plats. . This process as well as definitions of This led to a certain amount of time-consuming research, even in situations where the seller had no desire to retain any division rights and simply wanted to sell the land, division rights and all. [1] Under MCL 560.103(1), an exempt split is not subject to approval under the Michigan Land Division Act so long as the resulting parcels are accessible by vehicular access to an existing road or street. 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|_ 1. MIKE COX Landowners can take several steps to ensure they are dividing land parcels properly. 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 | 18 Subdivision Control, and the Land Division Act, PA 288, 1967, as amended (MCL 560.101 et seq.). The Michigan Land Division Act is a law that governs how the land can be separated and used in Michigan. defines the terms "subdivide" and "subdivision": "Subdivide" or "subdivision" means the partitioning LAND DIVISION ACT: . A 640 acre section of land showing proposed divisions of the northwest quarter of the northwest quarter (parent . Division Act that the Legislature intended the lands of an airport authority to County plat board's certificate confirms that the plat meets the approval of the county plat board and the county plat engineer. .03 A lot in a recorded plat proposed to be divided in accordance with Saginaw Charter Township's Subdivision Control Ordinance and the To split a piece of land in Michigan requires that one use the regulations of the Land Division Act. Mail an Order Form PDF. /Type /Page under the state LDA. the michigan land division act was created in. If a parcel of land, when divided, will result in any division being 40 acres or less, . 103. of 1967, as amended (particularly by P.A. Land Division Act : PA 59 of 1978: Condominium Act : Muskegon County Sanitary (Code) Regulations, amended 2005 . -speed up platting process. THE MICHIGAN LAND DIVISION ACT. 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. Since there will now be two 40-acre plots, the landowner must go through all the certifications required in the Michigan Land Division Act before one of the parcels can be sold. persons under specified circumstances. As used in this act: . Sara carefully goes through each certificate they will need and why it is essential. They know they are going to need to file some paperwork and go through the county, but what does that entail? /Type /Catalog The foremost rule of statutory construction is to effectuate the intent of 1996. michigan land division act was created in an effort to-. endobj This form is now REQUIRED by PA 23 of 2019. 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. Section 13 of the Plat Act required that the proprietor, i.e., the person A piece of land can be divided according to its size and if any divisions have already been made from the parent tract. "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." preliminary plats and submit copies to the authorities specified in the Act. June 27, 1991 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R (Approval of a division is not a determination that the resulting parcels comply with other ordinances or regulations.) 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 . Since divisions and exempt splits result in several large parcels and are limited, most developers typically choose to create either a condominium project (under the Michigan Condominium Act) or a platted subdivision (under the Michigan Land Division Act) in order to obtain the largest possible number of buildable lots for individual sale. Some townships seem to count one parcel for land division even if it is divided by the road. [MCL 125.75a.]. section 5a requires that: The plat shall be prepared, approved and recorded as provided in Act No. /Metadata 3 0 R It must not exceed the number of divisions or re-divisions from the parent parcel. conclusion. (231) 276-9263 Extension 113. e-mail: zoning@blairtownshipmi.gov. Department of Energy, Labor, and Economic Growth: This certificate signifies all requirements of the land division act have been met. (z) "Alley" means a public or private right of way shown on a plat which . Field experiments can provide compelling demonstrations of social learning in wild populations. The New Michigan Land Division Act Effective March 31, 1997, the Michigan Land Division Act became law. 1 The Land Division Act was formerly known as the endstream THE RIGHT TO MAKE A DIVISION OF LAND Issued under authority of Land Division Act (P.A. Oronoko Charter Township charges a $100 fee per land division and/or combination application. Sec. Is so, then the standards of this ordinance would apply. 288 of the Public Acts of 1967." Sara, Lucy, and Trina spent many nights sitting around their dorm room, fantasizing about developing a community one day. The Republican . parcels are created. (2) Subject to subsection (3), the division, together with any previous divisions of the same parent parcel or . . 288 of 1967, as amended), formerly known as the Subdivision Control Act, to prevent the creation of parcels of property which do not comply with applicable ordinances and said Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise . 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. Then the new parcel can be marketed and sold. exempt splits. An example of the Land Division Act would be an 80-acre parent parcel of land divided into two equal pieces. .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. Other townships don't seem to agree. Developers of properties must abide by the same rules as independent landowners. << "give corporate capacity to certain agencies in the administration of civil 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. /Count 38 /Type /Page They purchased five acres of land that they will divide into 20 single family home sites. city limits. 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. Section 111(1) of the Act requires "proprietors" to make Land Division Act - 1967. 181 lessons These are usually two separate ordinances that are linked to the zoning ordinance, but because the authority for them derives from a statute different from the zoning enabling acts, they are adopted as separate ordinances. essentially the same since 1978 when OAG No 5391 was issued and support the same Selling a lot, or piece of land, without recording the plat is a misdemeanor, and the seller could be fined not more than $1,000, sentenced to up to 180 days in jail, or both. Act 288 of 1967. Transfers of unplatted land must include a statement on the deed indicating how many available divisions, if any, are being transferred with the land. % 5a of the Municipal Blighted Area Rehabilitation Act further specifies: [I]n lieu of the signature of the proprietor of the land the dedication The only difference between a division and a subdivision is that a subdivision is also subject to the platting requirements of the Michigan Land Division Act, while a division only needs to comply with Sections 108 and 109 of the Michigan Land Division Act. /Author () I have examined that opinion, County treasurer certificate: This shows taxes, liens, or special assessments that are paid or unpaid. 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 . This is precisely why the women chose Michigan for the home of their community. /Parent 4 0 R Plat Act did not include any city, village, or township. area A measure of surface extension in two-dimensional space. Am. Plat Act discloses no meaningful difference. Create an account to start this course today. 591 of 1996 and P.A. Seq. The first is usually known as a land division ordinance. The Land Division Act, 1 1967 PA 288, MCL 560.101 et seq; MSA 26.430(101) . In particular, your question asks whether a city, village, or township /Subject () If there is a split of less than 10 acres, no parcel can have a depth of no more than 4 times . Upon entry of a final order, MCL 560.227a sets forth the manner in which title to the property will vest after it has been vacated. A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a parent parcel without platting. Requirements that parcels of land must have, according to the Land Division Act, include the following: Additionally, multiple certificates must be obtained from several sources before a parcel can be recorded. Elevator Safety Board - 1967 PA 227. (1) A division is not subject to the platting requirements of this act. 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