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Outline

The Michigan ES-012 form is a crucial document for landowners seeking to terminate a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This program, established to protect agricultural land and promote sustainable land use, allows landowners to withdraw their property from the program under certain conditions. The form requires detailed personal and property information, including the applicant's name, contact details, and specifics about the land in question. Additionally, it asks for supporting documentation such as a copy of the deed or land contract and the most recent property tax assessment. Landowners must also provide a compelling reason for their request to withdraw, which must align with specific criteria outlined in the relevant legislation. Completing this form accurately and thoroughly is essential, as it serves as the basis for local governing bodies to review and either approve or reject the application. Understanding the requirements and instructions is vital for ensuring a smooth application process, making it important for applicants to take their time when filling out the form.

Sample - Michigan Es 012 Form

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

Form Information

Fact Name Details
Form Purpose This form is used to apply for the termination of a Farmland Development Rights Agreement.
Governing Law Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, as amended (P.A. 116).
Applicant Information The form requires personal information about the applicant and their spouse, if applicable.
Property Location Applicants must provide specific details about the property, including county and township.
Legal Documentation Applicants need to attach a copy of the deed or land contract and the most recent tax assessment notice.
Tax Liens The form asks whether there is a tax lien against the land, requiring an explanation if applicable.
Vendor Agreement If the land is under a land contract, the vendor must agree to release the land from the program.
Withdrawal Reasons Section 36111A outlines eight criteria that must be met to withdraw land from the program.
Map Requirement A sketch of the property, showing boundaries and features, must be included with the application.
Local Governing Body The application must be reviewed and approved or rejected by the local governing body within 45 days.

Detailed Guide for Filling Out Michigan Es 012

Completing the Michigan Es 012 form is a straightforward process. This form is necessary for those seeking to terminate a Farmland Development Rights Agreement. Follow the steps below to ensure that all required information is accurately provided.

  1. Begin by entering your personal information in Section A. Include your name, spouse's name, mailing address, and telephone number.
  2. Provide your Social Security number and your spouse's Social Security number. If applicable, include your Federal Employer Identification Number.
  3. Fill in the Farmland Development Rights Agreement number.
  4. In Section B, indicate the property location. Fill in the county, township, city or village, section number, town number, and range number.
  5. For Section C, attach a copy of the deed or land contract and a copy of the most recent property tax assessment notice or tax bill.
  6. Answer whether there is a tax lien against the land. If yes, provide an explanation.
  7. Indicate if the land is being purchased under a land contract. If yes, provide the vendor's name and mailing address.
  8. Have the land contract seller sign to agree to the release of the land from the program.
  9. In Section D, explain why you want to withdraw the land from the program. Attach any supporting documentation.
  10. Sketch a map of the property, showing boundaries and features. Use the space provided or attach a separate sheet.
  11. In Section E, sign the application, ensuring that all information is true and correct. Include signatures for co-owners or corporate officers if applicable.

After submitting the completed form, it will be reviewed by the local governing body. They will notify you of their decision within a specified timeframe. Make sure to keep a copy of your application and all attachments for your records.

Obtain Answers on Michigan Es 012

  1. 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 spaces by providing certain tax benefits and preventing development on these lands.

  2. Who can apply for termination using this form?

    Any landowner who holds a Farmland Development Rights Agreement can apply for termination. This includes individuals, corporations, partnerships, and other entities. If the land is under a land contract, the vendor must also agree to the termination.

  3. What information do I need to provide on the form?

    The form requires personal information, including the names of the applicants, mailing address, and social security numbers. Additionally, you must provide property details such as the county, township, and legal description. Supporting documents like the deed and recent tax assessment notice must also be attached.

  4. Are there specific reasons for withdrawing land from the program?

    Yes, the application must include a detailed explanation of why the land should be released from the agreement. There are specific criteria outlined in Section 36111A of the Natural Resources and Environmental Protection Act that must be met for approval.

  5. What happens after I submit the application?

    Once submitted, the local governing body will review the application. They have 45 days to approve or reject it. You will receive notification about the decision, and if approved, the application will be forwarded to the Michigan Department of Agriculture for further processing.

  6. Is there a fee associated with the application?

    The form does not specify a fee; however, it's advisable to check with your local governing body for any potential fees or costs associated with processing the application.

  7. What if my application is rejected?

    If your application is rejected, the clerk will notify you in writing within 10 days, explaining the reasons for the rejection. You will receive your application and any supporting documents back.

  8. Can I attach additional information to the form?

    Yes, you can attach additional sheets for explanations or supporting documentation. This may include maps, sketches of the property, or other relevant information that supports your request for termination.

  9. What is the role of the local governing body in this process?

    The local governing body reviews the application, makes a decision to approve or reject it, and notifies the applicant. They also ensure that all necessary reviews from relevant agencies are completed within the required time frame.

  10. How do I ensure my application is complete?

    To ensure completeness, double-check that all required information is filled out, all necessary documents are attached, and that you have provided a detailed explanation for termination. A checklist is often included with the form to assist you in this process.

Common mistakes

Filling out the Michigan ES 012 form can be a straightforward process, but many applicants make common mistakes that can lead to delays or rejections. One significant error is failing to provide complete personal information. Applicants often overlook sections such as the Social Security Number or mailing address. Missing these details can hinder the application’s progress, as local governing bodies require accurate identification to process requests.

Another frequent mistake involves the property location section. Applicants may not take the necessary care to accurately list the county, township, or section number. Inaccurate or incomplete property descriptions can lead to confusion and may result in the application being returned for corrections. It is essential to refer to official documents like the deed to ensure that all information matches precisely.

Many people also neglect to attach required documentation. The form explicitly states that copies of the deed or land contract and the most recent property tax assessment notice must be included. Failing to provide these documents can delay the review process significantly. It is advisable to double-check that all necessary attachments are included before submission.

Additionally, applicants sometimes misunderstand the requirements for withdrawing land from the program. The form outlines specific criteria that must be met, yet some individuals do not adequately explain their reasons for withdrawal. A vague or insufficient explanation can lead to denial of the application. Clear, detailed reasoning supported by documentation is crucial for a successful request.

Lastly, many applicants overlook the importance of signatures. The form requires signatures from all applicants, and if the land is under a land contract, the vendor must also sign. Omitting any required signatures can result in immediate rejection. It is vital to ensure that all necessary parties review and sign the application before submission.

Documents used along the form

The Michigan ES 012 form is crucial for individuals seeking to terminate a Farmland Development Rights Agreement. To facilitate this process, several additional documents may be required. Below is a list of commonly associated forms and documents that can help support your application.

  • Deed or Land Contract: A copy of the deed or land contract is necessary to establish ownership of the property in question.
  • Property Tax Assessment Notice: This document provides the most recent valuation of the property for tax purposes, which is relevant for assessing any liens or financial obligations.
  • Tax Lien Documentation: If there is a tax lien on the property, documentation explaining the circumstances is required.
  • Land Contract Seller Agreement: If the property is under a land contract, the seller must agree to the release of the land from the preservation program, which requires their signature.
  • Supporting Documentation for Withdrawal: Detailed explanations and any supporting materials that justify the request to withdraw the land must be attached to the application.
  • Property Sketch or Map: A visual representation of the property, including boundaries and notable features, is needed to clarify the land in question.
  • Review Letters: Letters from local planning commissions or soil conservation districts that provide comments or recommendations regarding the application.
  • Approval or Rejection Notice: A formal notice from the local governing body indicating whether the application has been approved or rejected.
  • Final Application Checklist: A checklist confirming that all required documents have been submitted with the application.
  • Current Property Appraisal: A recent appraisal record that indicates the fair market value of the property is often required to assess eligibility.

Gathering these documents in advance can streamline the application process for terminating a Farmland Development Rights Agreement. Ensure that all information is accurate and complete to avoid delays in processing your request.

Similar forms

The Michigan ES-012 form is used for the termination of a Farmland Development Rights Agreement. Several other documents serve similar purposes in various contexts, particularly concerning property rights and land use. Below is a list of documents that share similarities with the Michigan ES-012 form:

  • Application for Land Use Change: This document requests a modification to the current zoning or land use designation, similar to how the ES-012 seeks to terminate a development rights agreement.
  • Notice of Intent to Withdraw from Conservation Easement: This form notifies relevant parties of an intention to exit a conservation easement, paralleling the withdrawal process outlined in the ES-012.
  • Farmland Preservation Program Application: This document is used to apply for participation in farmland preservation initiatives, akin to the ES-012's focus on farmland development rights.
  • Deed Restriction Release Form: This form is used to formally remove restrictions placed on a property deed, similar to how the ES-012 facilitates the release of development rights.
  • Property Tax Exemption Application: This document is submitted to request tax exemptions based on specific land use, reflecting the financial implications discussed in the ES-012.
  • Land Contract Assignment Form: This form allows for the transfer of obligations and rights under a land contract, akin to the transfer of rights in the ES-012 process.
  • Environmental Impact Assessment (EIA): This document evaluates the potential environmental effects of a proposed project, similar to the considerations involved in the ES-012 regarding land use changes.

Dos and Don'ts

When filling out the Michigan Es 012 form, there are several important guidelines to keep in mind. Here is a list of what you should and shouldn't do:

  • Do read the Requirements and Instructions carefully before starting the application.
  • Do print or type your responses clearly to ensure legibility.
  • Do provide accurate personal information, including names, addresses, and contact details.
  • Do attach all required documentation, such as the deed and recent tax assessment notice.
  • Don't leave any sections blank unless specifically instructed to do so.
  • Don't forget to have the land contract seller sign the application if applicable.
  • Don't submit the application without checking for completeness and accuracy.
  • Don't ignore the need for a detailed explanation of why the land should be released from the agreement.

Following these guidelines can help ensure that your application process goes smoothly and increases the likelihood of approval.

Misconceptions

Understanding the Michigan Es 012 form can be challenging, and several misconceptions often arise. Here are four common misunderstandings about this important document:

  • Misconception 1: The form is only for large agricultural operations.
  • This is not true. The Michigan Es 012 form can be used by any landowner participating in the Farmland and Open Space Preservation Program, regardless of the size of their property. Whether you own a small family farm or a larger agricultural enterprise, this form is relevant.

  • Misconception 2: Submitting the form guarantees immediate approval.
  • Approval is not automatic. The local governing body reviews each application thoroughly. They have 45 days from the meeting date to either approve or reject the application. It's important to provide all required documentation to increase your chances of approval.

  • Misconception 3: You can withdraw from the program without any reason.
  • This is a common misunderstanding. To withdraw land from the program, you must meet specific requirements outlined in Section 36111A. You need to provide a detailed explanation of why the land should be released, along with supporting documentation.

  • Misconception 4: The form does not require any additional documentation.
  • In fact, several attachments are necessary. You must include a copy of the deed or land contract, the most recent property tax assessment notice, and any other relevant documents. Failing to provide these can delay the process.

Key takeaways

When filling out the Michigan ES-012 form for the termination of a Farmland Development Rights Agreement, consider the following key takeaways:

  • Complete Personal Information: Ensure all personal details, including names, addresses, and Social Security numbers, are accurately filled out.
  • Property Documentation: Attach necessary documents such as the deed or land contract and the most recent property tax assessment notice.
  • Tax Liens: Indicate whether there is a tax lien against the property. If so, provide an explanation of the circumstances.
  • Withdrawal Reasons: Clearly explain why you are requesting to withdraw the land from the program, and attach any supporting documentation.
  • Local Governing Body Approval: Be aware that the application must be presented to the local governing body, which has 45 days to approve or reject it.