Michigan Complaint to Vacate and / or Alter a Recorded Plat and for other Relief

State:
Multi-State
Control #:
US-01630
Format:
Word; 
Rich Text
95 downloads

Description

This form is a Complaint to alter or vacate a previously recorded subdivision plat. It is alleged that the plat has been abandoned and should be altered or cancelled. Adapt to fit your needs and circumstances, and your state's procedural rules.
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  • Preview Complaint to Vacate and / or Alter a Recorded Plat and for other Relief
  • Preview Complaint to Vacate and / or Alter a Recorded Plat and for other Relief

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FAQ

In January, 1997 Governor John Engler signed PA 591 of 1996. This law amended the Subdivision Control Act of 1967 (PA 288) and became effective on March 31, 1997. PA 591 changed the way property may be divided without being platted and requires certain actions on the part of local governments due to those changes.

Section 108 of the Michigan Land Division Act, MCL 560.108, provides, among other requirements, that a ?division? may result in a maximum of the following number of parcels: (a) for the first 10 acres or fraction thereof in the parent parcel or parent tract, 4 parcels; (b) for each whole 10 acres in excess of the first ...

Michigan law provides two different mechanisms to amend a subdivision plat. In most circumstances, amendment requires either: (1) unanimous consent of all lot owners as well as the municipality in which the subdivision is located; or (2) filing a lawsuit in the circuit court by the owner of any lot in the subdivision.

Sec. 109. (1) A municipality shall approve or disapprove a proposed division within 45 days after the filing of a complete application for the proposed division with the assessor or other municipally designated official.

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 ...

For example, the City may decide that an alley that runs behind a row of buildings is no longer necessary as a public right-of-way. The City Council may approve to abandon (or ?vacate?) the alley and add that land to each of the parcels that are next to it.

A statutory formula in Section 108 specifies the maximum number of splits that are permitted from a ?parent parcel? without platting. Bonus lots are permitted for shared access and preservation of open space. Minimum standards for lot size, width-to-depth ratio and relationship to access are provided by statute.

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Michigan Complaint to Vacate and / or Alter a Recorded Plat and for other Relief