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.
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:
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: ______________________________________________________________________
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
Mailing Address: ____________________________________________________________________________
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
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)
(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
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.
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.
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.
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.
To complete the Es 012 form, applicants must provide various personal and property details, including:
It is crucial to ensure all required information is accurate and complete to avoid delays in processing.
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.
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.
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.
Missing Attachments: Failing to include required documents, like the deed or the most recent property tax assessment notice, can result in an incomplete application.
Incorrect Social Security Numbers: Providing incorrect or mismatched Social Security numbers can raise red flags and complicate the application process.
Omitting Tax Lien Information: If there is a tax lien against the property, not disclosing this information can lead to rejection of the application.
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.
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.
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.
Ignoring Local Governing Body Requirements: Each local governing body may have specific requirements. Not adhering to these can result in delays or rejection.
Not Keeping Copies of Submitted Documents: Failing to retain copies of the submitted application and supporting documents can create issues if questions arise later.
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.
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.
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.
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:
Following these guidelines will help ensure that your application is processed smoothly and efficiently. Take the time to double-check your work before submission.
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:
Here are key takeaways regarding the Michigan Es 012 form, which is used for the termination of a Farmland Development Rights Agreement:
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.