Is there such a thing as an "exempt land division" in Michigan?

Asked June 25, 2014, 11:00 AM EDT

Is there such a thing as an "exempt land division" for use by a township for an essential service, thus allowing the land owner to not lose one of his splits?

Grand Traverse County Michigan michigan lrk land division

2 Responses

There is such a thing as an "exempt land division" under Michigan's Land Division Act. But it is defined by size of the resulting parcel, not its purpose.

A division of land is subject to the Land Division Act regardless of what the "use" of the property will be. So the parcel owner (the utility company, etc.) will need to obtain land division approval from the local government if the action is a "land division" as defined by the Land Division Act -- one of the divisions will be used up. (There are ways to split land that is not subject to the land division act [site-condo, for example].) (In answering this, I am assuming "essential service" is used as I commonly find in a zoning ordinance concerning public and quasi-public utilities.) (Also assuming the original or parent parcel is not government-owned. When the local government is the parcel proprietor [as opposed to the parcel/division buyer], it is treated differently under Michigan's Land Division Act.)

"Exempt Division" is when the parcels being created from the parent parcel are (1) accessible, and (2a) 40 acres or larger, or (2b) a quarter of a quarter of a public land survey section that is 30 acres or larger, or (2c) a public land survey government lot that is 30 acres or larger.

Michigan State University Extension has a technical training on the local review of land divisions. The training is for the individual assigned to review divisions. It is a three-hour class, requires at least 20 attending at $55 each. Let me know if there is enough interest to have such a class in your area.

Thank You, Just as I thought. Would love to take the class, along with our assessor, but I don't think we can get 20 people!!!