Three types of land divisions are permitted under Michigan law:

Land developers “created” the most recent type of land division using Michigan’s Condominium Act (Public Act 59 of 1978, as amended) to establish a popular form of development known as:

1.  Site condominiums.

In addition, the Land Division Act  (Public Act 288 of 1967, as amended) allows two more “traditional” types of land divisions:

2. Subdivision plats; and

3.  Metes and bounds or “unplatted” lot splits.

This article will focus on metes and bounds land division, which is a method of describing land using:

• references to the Michigan township and range system and county division;
• local geographic characteristics;
• a point of beginning (and ending) of the legal description, which must “close” to form a polygon;
• directions of bearing (compass directions and degrees);
• distance measurements along parcel boundaries; and
• land area enclosed by the legal description.

This is the basis for many rural legal descriptions of property, which may look something like this: (more…)

A popular form of land division in Michigan.

Metes and bounds lot split applications have become much more common, especially since 1997 when significant amendments to the Land Division Act were enacted into law.  Metes and bounds lot splits are an attractive option for some landowners, primarily because of the relatively low cost to divide the land (in comparison to subdivision plats or site condominium developments).

The Land Division Act indicates that… (more…)

How to revitalize a neighborhood?  By listening to its residents.

Community planners and planning consultants (like many “experts”) can easily fall into the trap of listening too little and talking too much.  Planning is not like medicine, and planners should beware not to find themselves in the position of saying, “I know what’s best for you, now take this medicine and you’ll be all better soon.”

The following tale is adapted and summarized from “Polishing Up the Diamond,” an excellent article from the Stanford University Graduate School of Business - Center for Social Innovation.  What it offers for professional planners is a reminder to avoid the ‘expert trap’ - often the most successful ideas for making a place better come from those that live and work there…

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“Communities are facing new challenges in attaining economic growth, increasing wealth, and improving quality of life for residents.”

As part of our bedtime reading, we at Building Place have been reading the International Economic Development Council (IEDC) and U.S. Environmental Protection Agency publication entitled, ‘Economic Development and Smart Growth: 8 Case Studies on the Connections between Smart Growth Development and Jobs, Wealth, and Quality of Life in Communities.’

Here are some excerpts from the report, along with a few thoughts of our own (emphasis added)…

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The Michigan Association of Planning, the statewide organization for planning commissioners and professional community planners, is offering excellent introductory workshops this spring, which are especially good for new planning commissioners and zoning board of appeals members.  “Planning and Zoning Essentials” will…

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So, you’re a planning commissioner and the worst has happened…

Some applicant for approval of a (probably controversial) site plan or special-conditional use or planned unit development or rezoning doesn’t appreciate the commission’s decision and has filed a lawsuit against the town, the planning commission, and you personally.

The Zoning Guru is sorry to say that it is true - a planning commissioner may be named as a defendant in land use or development litigation against a community if the individual participated in the decision-making process.  Now before all of our citizen-volunteers reading this dash off to pen their resignation letters, please read on…

It is extremely rare that personal liability is imposed, as it must first be proven that the planning commissioner acted maliciously or was grossly negligent.  Otherwise, the commissioner should be dismissed from such cases on the grounds of governmental immunity.

The Zoning Guru recommends that planning commissioners always follow the Nine Golden Rules of Defensible Land-Use Decision-Making…

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“Guests, like fish, begin to smell after three days.” - Benjamin Franklin

With 3,288 miles of shoreline in the State of Michigan (second only to Alaska) and 11,000 inland lakes, Michigan planners working for local government regularly come into contact with two state agencies with jurisdiction over our water, the Department of Natural Resources (MDNR) and the Department of Environmental Quality (MDEQ).

It is the MDNR side that is the focus of our next Building Place Notebook case summary, posted below courtesy of Kurt Schindler at MSU-Extension.

This is a cautionary tale about why it is better for state agencies and other entities considering projects over which local  authority is in question (such as new public school construction) to take the extra time to work collaboratively with local governments on projects in their jurisdiction.

What attracted The Zoning Guru’s attention to this case was the fishy smell wafting off of a state agency’s attempt to preempt local regulations…

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A key objective of community planning is the building of healthy, vibrant, and distinctive neighborhoods.

Proximity, association, and accessibility between home, work, and leisure activities are essential factors in building places with a strong sense of community.  In the book A Pattern Language, author Christopher Alexander advocates for a comprehensive change in the nature of zoning.  He envisions a work - home relationship where…

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