Blank Michigan Es 012 PDF Form

Blank Michigan Es 012 PDF Form

The Michigan Es 012 form serves as an application for the termination of a Farmland Development Rights Agreement, which is part of the Farmland and Open Space Preservation Program. This program aims to protect agricultural land while allowing landowners the option to withdraw their property from the agreement under specific conditions. For those looking to navigate this process, filling out the form accurately is essential; click the button below to get started.

The Michigan ES-012 form plays a crucial role in the Farmland and Open Space Preservation Program, specifically designed for those seeking to terminate a Farmland Development Rights Agreement. This program, established under Part 361 of the Natural Resources and Environmental Protection Act, aims to preserve valuable agricultural land while allowing landowners certain rights. When filling out the ES-012 form, applicants must provide personal information, including names, addresses, and social security numbers, along with details about the property in question. It is essential to attach supporting documents such as the deed or land contract and the latest property tax assessment. Furthermore, applicants must indicate any tax liens and provide explanations for their request to withdraw land from the program. The form also requires a sketch of the property, highlighting its boundaries and significant features. A thorough understanding of the requirements and instructions is vital for a successful application, as the local governing body must approve or reject the request within a specified timeframe. This process ensures that the interests of both landowners and the community are carefully considered.

Document Sample

Farmland and Open Space

Preservation Program

APPLICATION FOR TERMINATION OF A

FARMLAND DEVELOPMENT RIGHTS

AGREEMENT

(Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, more com- monly known as P.A. 116. Please read the Requirements and Instructions before filling out this form. Please print or type. Attach additional sheets as needed.)

OFFICIAL USE ONLY

Local Governing Body:

Date Received:

Application No.:

. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .

State:

Date Received:

Application No.:

A.Personal Information:

1)Name(s) of Applicant: _______________________________________________________________

(Owner of Record) LastFirstInitial

Spouse’s Name: ___________________________________________________________________

LastFirstInitial

2) Mailing address: ___________________________________________________________________

Street

City

State

Zip Code

3)Telephone Number: (Area Code) ( ) _______________________________________________

4)__________________________________ __________________________________________

Social Security Number

Spouse’s Social Security Number

5)Federal Employer Identification Number (if applicable): ____________________________________

6)Farmland Development Rights Agreement # _____________________________________________

B. Property Location: (Can be taken from the deed.)

7) County:__________________________ 8) Township, city or village: _________________________

9)Section No.: _______________; Town #: __________________; Range #: ______________________

C. Legal Information:

10)Attach a copy of the deed or land contract (may be a photo copy).

11)Attach a copy of the most recent property tax assessment notice or tax bill.

12) Is there a tax lien against the land described above? (may be photo copy) Yes No If “Yes,” please explain circumstances: ____________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

13) Is land being purchased under land contract?

Yes

No

a) If “Yes,” indicate vendor (seller):

 

 

Name: ______________________________________________________________________________

Mailing Address: ______________________________________________________________________

Street

City

State

Zip Code

b)Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, states that the vendor (seller) must agree to allow the land cited in the application to be released from the program. Please have the land contract seller sign below.

I, the undersigned, understand and agree to permit the land cited in this application to be released from the Farmland and Open Space Preservation Act.

____________________

________________________________________

(Date)

(Land Contract Seller’s Signature)

ES-012.

Rev. 5/02

14)If you meet one of the following, please check the appropriate box and complete the following (Not applicable to an individual not meeting one of the categories - please leave blank):

Corporation

Business Trust

Estate

Trust

Partnership

Association

2 or more persons having a joint or common interest in the land

List the following: President, Vice President, Secretary and Treasurer, or present income beneficiaries:

Name: ____________________________ Title: _________________________________________________

Mailing Address: ___________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

Street

City

State

Zip

 

(Additional Names may be attached on separate sheet.)

 

D. Reasons for Withdrawal of Land From Program:

Section 36111A indicates eight requirements, one of which must be met, in order to receive approval to withdraw land from the program earlier than the specified expiration date in the agreement contract. (See application instruc- tions for the text of the stated rule containing this procedure.)

15)Please provide a detailed explanation of why the land should be released from the agreement contract. (Supporting documentation should be attached to this form.)

____________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

_____________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

_____________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

(Continued explanations may be attached.)

16)Please draw a map (sketch) of the property, showing boundaries, structures and natural or man-made features such as lakes, ponds, swamps, streams, rivers, woodlots, roads, or gravel pits. (Use space provided on page 4 or attach separate sheet.)

2

3
SENT RECD
_____ _____ County or Regional Planning Commission
_____ _____ Soil Conservation District
_____ _____ Township (if county has jurisdiction)
_____ _____ City (if land is within 3 miles of city boundary)
_____ _____ Village (if land is within 1 mile of village boundary)
_____ _____ Clerk schedules application for presentation at next regular
_____ _____ meeting of governing body (governing body has 45 days
from meeting date to approve or reject application).
_____ _____ Clerk notifies applicant 5 days before action is taken on
the application by the local governing body.
_____ _____ Approval or rejection by local governing body.

E. Signatures:

17)The undersigned declare that this application, including any accompanying informational materials, has been examined by them and to the best of their knowledge and belief is true and correct.

(Signature of Applicant(s))

(Corporation Name if Applicable)

(Signature of Co-Owner(s))

(Signature of Corporate Officer)

(Date)

 

(Title)

RESERVED FOR LOCALGOVERNMENT USE, CLERK PLEASE COMPLETEALL SPACES - SECTION IAND II

I. Action by Local Governing Body: Jurisdiction: ___________________________________________

County, Township, City or Village

Date received by clerk: _________________________________________________________________

This application is ____________________ approved, ____________________rejected.

(If rejected, see attached statement by Local Governing Body.)

Date of approval or rejection: ___________ Clerk’s signature and seal: __________________________

Property Appraisal: The current fair market value of the real property in this application has been determined to be $ ____________________

II.Check List:

DATE

 

_____

Upon filing an application. clerk issues receipt indicating

 

date received.

_____

Clerk notifies reviewing agencies by forwarding a copy of

 

the application (review agencies have 30 days to return

 

comments).

_____

If approved, applicant is notified and the original application,

 

letters of review or comment from reviewing agencies and

 

all supportive material is sent to the MDA - Farmland and

 

Open Space Program, PO Box 30449, Lansing, MI 48909

_____

If rejected, clerk notifies applicant in writing within 10 days

 

stating reason for rejection and returning the application,

 

etc. to the applicant.

 

 

 

 

FINALAPPLICATION SHOULD INCLUDE ( )

 

_____

Copy of deed or land contract

 

 

 

_____

Copy of tax description

 

_____

Copy of recent appraisal record

 

_____

Map of farm

 

 

REVIEW LETTERS FROM

 

_____

County planning commission or regional

 

 

planning commission

 

_____

Soil conservation district

 

_____

Township (if applicable)

 

_____

City (if applicable)

 

_____

Village (If applicable)

Map of Farmland Cited in the Application Form:

A.Show boundary of land cited in application.

B.

Show buildings as

 

house,

barn, etc., also sketch roads and other avenues of travel.

 

C.Outline and designate the current uses of the property if possible.

County

Township

T R SEC

NORTH

WEST

SOUTH

EAST

4

File Specifics

Fact Name Details
Purpose The Michigan ES-012 form is used to apply for the termination of a Farmland Development Rights Agreement.
Governing Law This form is governed by Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, commonly known as P.A. 116.
Applicant Information Applicants must provide personal information, including names, mailing addresses, and Social Security numbers.
Property Details Applicants need to specify the county, township, and legal description of the property in question.
Documentation Required Attach a copy of the deed, the most recent property tax assessment notice, and any relevant supporting documents.
Tax Liens Applicants must disclose if there is a tax lien against the property and provide an explanation if applicable.
Withdrawal Reasons Section 36111A outlines specific requirements that must be met to withdraw land from the program before the expiration date.
Local Government Action The local governing body has 45 days to approve or reject the application after it is presented at a regular meeting.

How to Use Michigan Es 012

Filling out the Michigan Es 012 form is an important step in the process of terminating a Farmland Development Rights Agreement. Completing this form accurately ensures that all necessary information is provided for the application to be processed efficiently. Following the steps below will help guide you through the form.

  1. Gather Required Information: Before starting, collect all necessary documents, including the deed or land contract and the most recent property tax assessment notice.
  2. Personal Information: Fill in the names of the applicant(s) and the spouse, if applicable. Provide the mailing address and telephone number.
  3. Social Security Numbers: Enter the social security numbers for both the applicant and the spouse, if applicable. Include the Federal Employer Identification Number if relevant.
  4. Farmland Development Rights Agreement Number: Write down the agreement number associated with the property.
  5. Property Location: Indicate the county, township, city, or village, along with the section number, town number, and range number as found in the deed.
  6. Attach Required Documents: Include a copy of the deed or land contract and the latest property tax assessment notice or tax bill.
  7. Tax Lien Information: Answer whether there is a tax lien against the property. If yes, provide an explanation.
  8. Land Contract Information: If applicable, indicate if the land is being purchased under a land contract. Provide vendor details and ensure the vendor signs the form.
  9. Corporate or Business Information: If applicable, check the appropriate box and list the names and titles of the individuals involved in the corporation or partnership.
  10. Reasons for Withdrawal: Provide a detailed explanation of why the land should be released from the agreement. Attach any supporting documentation.
  11. Property Map: Draw a map of the property, showing boundaries and any notable features. Use the space provided or attach a separate sheet if necessary.
  12. Signatures: The applicant(s) must sign the form, confirming that the information provided is accurate. If applicable, include corporate signatures and titles.

Once the form is completed, it will be submitted to the local governing body for review. The governing body will have 45 days to approve or reject the application. Keep an eye out for any notifications regarding the status of the application.

Your Questions, Answered

What is the Michigan Es 012 form?

The Michigan Es 012 form is an application used to terminate a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This program is designed to protect farmland and open space in Michigan. By filling out this form, landowners can request the release of their land from the preservation program, which may be necessary for various personal or financial reasons.

Who is eligible to submit the Es 012 form?

Eligibility to submit the Es 012 form is primarily determined by the ownership of the land in question. The applicant must be the owner of record or a party with a legal interest in the property, such as a spouse or business partner. Additionally, the application must meet one of the eight specific requirements outlined in Section 36111A of the Natural Resources and Environmental Protection Act to be considered for approval. If the land is under a land contract, the seller must also consent to the release.

What information is required on the form?

To complete the Es 012 form, applicants must provide various personal and property details, including:

  1. Names and contact information of the applicants.
  2. Details about the property, such as its location, legal description, and any existing liens.
  3. Supporting documentation, including a copy of the deed or land contract and the most recent property tax assessment notice.
  4. A detailed explanation of the reasons for requesting the termination of the agreement.

It is crucial to ensure all required information is accurate and complete to avoid delays in processing.

What happens after submitting the Es 012 form?

Once the Es 012 form is submitted, the local governing body will review the application. They are required to notify the applicant within five days before any action is taken. The governing body has 45 days from the meeting date to approve or reject the application. If approved, the application and supporting materials will be forwarded to the Michigan Department of Agriculture for final processing. If rejected, the applicant will receive a written notification explaining the reasons for the decision.

Can I appeal a rejection of my application?

If your application for termination is rejected, you may have the option to appeal the decision. The rejection letter will typically outline the reasons for denial, and you may be able to address these concerns in a revised application or through a formal appeal process, depending on local regulations. It is advisable to consult with a legal professional to understand your options and the best course of action.

Common mistakes

  1. Incomplete Personal Information: Applicants often forget to provide all necessary personal details, such as the full names of all owners and their mailing addresses. This can lead to delays in processing.

  2. Missing Attachments: Failing to include required documents, like the deed or the most recent property tax assessment notice, can result in an incomplete application.

  3. Incorrect Social Security Numbers: Providing incorrect or mismatched Social Security numbers can raise red flags and complicate the application process.

  4. Omitting Tax Lien Information: If there is a tax lien against the property, not disclosing this information can lead to rejection of the application.

  5. Not Securing Vendor Agreement: When purchasing under a land contract, failing to obtain the vendor's signature for permission to release the land can invalidate the application.

  6. Inadequate Explanation for Withdrawal: Providing vague or insufficient reasons for why the land should be released from the agreement can lead to rejection. Detailed explanations are necessary.

  7. Neglecting to Draw a Map: Some applicants forget to include a sketch of the property, which is crucial for understanding the boundaries and features of the land.

  8. Ignoring Local Governing Body Requirements: Each local governing body may have specific requirements. Not adhering to these can result in delays or rejection.

  9. Not Keeping Copies of Submitted Documents: Failing to retain copies of the submitted application and supporting documents can create issues if questions arise later.

Documents used along the form

The Michigan ES-012 form is a crucial document for those seeking to terminate a Farmland Development Rights Agreement. However, several other forms and documents often accompany it to ensure a smooth application process. Below is a list of these documents, each serving a specific purpose in the application.

  • Deed or Land Contract: This document provides proof of ownership and outlines the terms of the property transfer. A copy must be attached to verify the applicant's legal interest in the land.
  • Property Tax Assessment Notice: This notice reflects the current tax status of the property. It is necessary to demonstrate that the property is up to date on tax payments.
  • Tax Lien Documentation: If there is a tax lien against the property, this documentation must be included. It explains the circumstances surrounding the lien and its implications for the application.
  • Land Contract Seller's Agreement: If the property is under a land contract, the seller must consent to the termination of the agreement. Their signature is required to validate this consent.
  • Map of the Property: A sketch or map showing the boundaries and features of the property is essential. This visual aid helps local authorities assess the land in question.
  • Supporting Documentation for Withdrawal: Applicants must provide a detailed explanation of why they wish to withdraw the land from the program. Any additional supporting materials should be attached to strengthen the case.
  • Review Letters from Agencies: These letters from local planning commissions, soil conservation districts, and other relevant agencies provide insights and recommendations regarding the application.
  • Final Application Checklist: This checklist ensures that all necessary documents are included in the submission. It helps prevent delays caused by missing information.

In conclusion, understanding these accompanying documents is vital for a successful application process. Each plays a role in verifying ownership, tax status, and compliance with local regulations, ultimately aiding in the decision-making of local governing bodies.

Similar forms

The Michigan Es 012 form is similar to the Farmland Preservation Application, which is used in various states to request the preservation of agricultural land. Both documents require detailed information about the land and the applicant, including legal descriptions and ownership details. They also necessitate supporting documentation, such as tax assessments and maps, to substantiate the application for preservation. The goal of both forms is to protect farmland from development, ensuring that it remains available for agricultural use.

Another similar document is the Agricultural Land Lease Agreement. This agreement outlines the terms under which one party can use another party's agricultural land. Like the Es 012 form, it requires identification of the land, the parties involved, and specific conditions regarding the use of the land. Both documents aim to clarify rights and responsibilities, helping to prevent disputes between landowners and tenants.

The Conservation Easement Agreement also shares similarities with the Es 012 form. This legal document allows landowners to limit the type of development that can occur on their property while retaining ownership. Both forms require a clear description of the land and its current use, as well as the goals for preservation. They focus on protecting natural resources and ensuring the land remains in its current state for future generations.

The Application for Agricultural Tax Exemption is another document that aligns with the Es 012 form. This application is submitted to obtain tax benefits for land designated for agricultural use. Both documents require proof of the land's agricultural status and ownership details. The purpose of both applications is to support the financial viability of farming operations and preserve agricultural land from non-agricultural development.

The Land Development Rights Transfer Agreement is similar in that it facilitates the transfer of development rights from one property to another. This agreement, like the Es 012 form, requires detailed information about the properties involved and the rights being transferred. Both documents aim to manage land use effectively, balancing development needs with the preservation of open space.

The Zoning Change Application is another document that shares similarities with the Es 012 form. This application is submitted to request a change in how land can be used under local zoning laws. Both forms require a thorough explanation of the reasons for the request and supporting documentation. They are essential for managing land use in a way that aligns with community goals and regulations.

Lastly, the Property Tax Assessment Appeal form is comparable to the Es 012 form in that it involves property ownership and valuation. This form is used to contest the assessed value of a property, which can affect tax obligations. Both documents require detailed information about the property and the reasons for the appeal or request. They serve to protect the rights of property owners while ensuring fair treatment in property assessments.

Dos and Don'ts

When filling out the Michigan ES-012 form for the Farmland and Open Space Preservation Program, it is essential to approach the task with care. Here are ten critical do's and don'ts to keep in mind:

  • Do read the Requirements and Instructions thoroughly before beginning the application.
  • Do print or type all information clearly to avoid any misunderstandings.
  • Do provide accurate personal information, including your name and mailing address.
  • Do attach all required documents, such as the deed and tax assessment notice.
  • Do check the box for any applicable categories regarding ownership structure.
  • Don't leave any sections blank unless specifically instructed to do so.
  • Don't forget to include the Social Security numbers where required.
  • Don't submit the form without a detailed explanation for the land withdrawal.
  • Don't neglect to have the land contract seller sign the application if applicable.
  • Don't delay in submitting the application, as processing times may vary.

Following these guidelines will help ensure that your application is processed smoothly and efficiently. Take the time to double-check your work before submission.

Misconceptions

The Michigan ES 012 form, which pertains to the Farmland and Open Space Preservation Program, is often misunderstood. Here are nine common misconceptions about this form:

  1. Only farmers can apply for termination. Many believe that only individuals actively engaged in farming can use this form. However, any landowner with a Farmland Development Rights Agreement can apply for termination, regardless of their current farming status.
  2. Termination is automatic once the form is submitted. Some assume that submitting the form guarantees automatic termination of the agreement. In reality, the local governing body must review and approve the application before termination occurs.
  3. The form is only for landowners in financial distress. It is a misconception that the form is exclusively for those facing financial difficulties. Any landowner wishing to withdraw their land from the program for valid reasons can use this form.
  4. All applications are approved without question. Many think that all applications submitted will be approved. However, each application is subject to scrutiny and must meet specific criteria set forth in the program guidelines.
  5. Supportive documentation is optional. Some individuals believe that attaching additional documentation is not necessary. In fact, providing supporting materials is crucial to strengthen the application and justify the request for termination.
  6. Only one reason is needed for termination. There is a belief that only one reason needs to be provided to withdraw land from the program. However, the application requires a detailed explanation that may involve multiple factors to be considered for approval.
  7. The form can be submitted at any time. Many assume that the timing of the application submission is flexible. In reality, there may be specific timelines or deadlines that must be adhered to, depending on local regulations.
  8. Land can be withdrawn without the seller's consent. Some believe that a landowner can withdraw their property from the program without needing approval from the seller in cases of land contracts. This is incorrect; the seller must consent to the termination.
  9. Only state agencies review the application. It is a common misconception that only state agencies are involved in the review process. In fact, local governing bodies and various reviewing agencies also play significant roles in evaluating the application.

Key takeaways

Here are key takeaways regarding the Michigan Es 012 form, which is used for the termination of a Farmland Development Rights Agreement:

  • The form is officially titled "Application for Termination of a Farmland Development Rights Agreement."
  • It is governed by Part 361 of the Natural Resources and Environmental Protection Act.
  • Applicants must read the requirements and instructions before completing the form.
  • Personal information, including names, addresses, and Social Security numbers, is required.
  • Property location details must be provided, including county, township, and section numbers.
  • Supporting documents, such as a copy of the deed and the most recent tax assessment notice, must be attached.
  • Applicants must indicate if there is a tax lien against the land and provide explanations if applicable.
  • Reasons for withdrawal from the program must be clearly stated and supported with documentation.
  • A sketch of the property showing boundaries and features is required.
  • The application must be signed by all applicants, and if applicable, by a corporate officer.

Submitting the completed form correctly is essential for processing. Ensure all required fields are filled out and that all necessary documents are attached to avoid delays.