Copyright (c) 2000 Detroit College of Law at Michigan State University Law Review
Detroit College of Law at Michigan State University Law Review
COMMENT: MAKING SENSE OF MICHIGAN'S LAND DIVISION ACT
2000 L. Rev. M.S.U.-D.C.L. 689
By 1996, the Subdivision Control Act 1 of 1967 was an outmoded and useless piece of legislation in a state where precious agricultural land was being wasted more quickly than it could be harvested. In fact, Michigan lost almost one million acres of farmland in ten years and continues to lose approximately ten acres of agricultural land every hour. 2 What the Michigan Legislature devised to solve the problem only made things worse. The Michigan Land Division Act 3 is now a source of confusion for almost anyone who dares to interpret it. Further, it is a source of frustration and loss for most who attempt to abide by it.
This comment will attempt to clarify the provisions of the new Land Division Act. In 1997, the Michigan Legislature made revisions to the Act which will also be explored and explained. It is important to understand that the changes made to the Act primarily concern the ways and frequency with which land can be divided. This comment will demonstrate how such calculations should be made accurately. Finally, difficulties with the Act will be discussed, and possible solutions to those and other potential problems will be explored.
I. The History of Land Division in Michigan
Prior to passage of the current Land Division Act, the Subdivision Control Act of 1967 was in effect in Michigan. The Subdivision Control Act permitted landowners to divide their land four times every ten years without regard to the size of the original parcel ...
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