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Documents used along the form
When applying for the termination of a Farmland Development Rights Agreement in Michigan, several other forms and documents may be required or beneficial to include. These documents help provide a complete picture of the property and its status, ensuring a smooth process. Below is a list of common forms that are often used alongside the Michigan ES-012 form.
- Deed or Land Contract: This document serves as proof of ownership and outlines the legal description of the property. It is essential for verifying that the applicant has the right to request termination of the agreement.
- Property Tax Assessment Notice: This notice provides information about the current assessed value of the property. It is often required to demonstrate the financial implications of withdrawing from the preservation program.
- Tax Lien Documentation: If there is a tax lien against the property, this document must be included. It details the circumstances surrounding the lien, which can affect the application process.
- Map of the Property: A visual representation of the land, showing boundaries and key features, is often requested. This helps local governing bodies understand the property's layout and its uses.
- Supporting Documentation for Withdrawal: This includes any additional materials that explain why the land should be released from the program. It may consist of financial records, environmental assessments, or other relevant documents.
- Small Estate Affidavit Form: For streamlined estate distribution, utilize the beneficial Small Estate Affidavit document to facilitate transfers without probate delays.
- Review Letters: Letters from local agencies, such as the county planning commission or soil conservation district, provide insights into the property's status and any potential concerns. These letters can influence the decision of the local governing body.
- Application for Local Governing Body Approval: This form documents the action taken by the local governing body regarding the application. It is crucial for keeping records of the approval or rejection of the termination request.
Gathering these documents can seem overwhelming, but each one plays a vital role in the application process. By ensuring that all necessary forms are completed and submitted, applicants can facilitate a more efficient review and increase the likelihood of a favorable outcome. Always consider consulting with a knowledgeable professional to navigate this process effectively.
Michigan Es 012 Preview
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): |
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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) |
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.) |
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|
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
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 |
(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 |
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date received. |
_____ |
Clerk notifies reviewing agencies by forwarding a copy of |
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the application (review agencies have 30 days to return |
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comments). |
_____ |
If approved, applicant is notified and the original application, |
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letters of review or comment from reviewing agencies and |
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all supportive material is sent to the MDA - Farmland and |
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Open Space Program, PO Box 30449, Lansing, MI 48909 |
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_____ |
If rejected, clerk notifies applicant in writing within 10 days |
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stating reason for rejection and returning the application, |
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etc. to the applicant. |
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FINALAPPLICATION SHOULD INCLUDE ( ) |
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_____ |
Copy of deed or land contract |
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_____ |
Copy of tax description |
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_____ |
Copy of recent appraisal record |
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_____ |
Map of farm |
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REVIEW LETTERS FROM |
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_____ |
County planning commission or regional |
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planning commission |
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_____ |
Soil conservation district |
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_____ |
Township (if applicable) |
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_____ |
City (if applicable) |
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_____ |
Village (If applicable) |
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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. |
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C.Outline and designate the current uses of the property if possible.
County
Township
T R SEC
NORTH
WEST
SOUTH
EAST
4
Similar forms
- Form 1040 - U.S. Individual Income Tax Return: Similar to the Michigan Es 012 form, the Form 1040 requires personal information and documentation related to property ownership. Both forms necessitate the disclosure of Social Security numbers and may require additional attachments, such as tax assessments or supporting documents.
- Form 4506-T - Request for Transcript of Tax Return: This form allows individuals to request tax return transcripts, which can be crucial for verifying income and property details. Like the Michigan Es 012, it requires personal identification and may involve multiple parties, especially if the property is jointly owned.
-
Commercial Lease Agreement: The Commercial Lease Agreement form is essential for outlining the terms and conditions in commercial property rentals, ensuring clarity and legal protection for both landlords and tenants.
- Form 8822 - Change of Address: When individuals change their address, they need to notify the IRS using Form 8822. This form, much like the Michigan Es 012, involves updating personal information and ensuring that all relevant parties are informed about the change, particularly for tax purposes.
- Property Tax Exemption Application: This application is used to request exemptions from property taxes. Similar to the Michigan Es 012, it requires detailed property information, ownership documentation, and may need supporting evidence to justify the exemption request.
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Register My Business in Michigan - This form must be submitted to the Michigan Department of Treasury.
Misconceptions
Here are seven common misconceptions about the Michigan Es 012 form, which is used for the termination of a Farmland Development Rights Agreement:
- Misconception 1: The form is only for farmers.
- Misconception 2: Submitting the form guarantees approval.
- Misconception 3: There are no requirements to withdraw from the program.
- Misconception 4: The form can be submitted without supporting documentation.
- Misconception 5: Only the landowner can submit the form.
- Misconception 6: The form is only relevant in certain counties.
- Misconception 7: The application process is quick and straightforward.
This form is applicable to any property owner who has a Farmland Development Rights Agreement, not just farmers. Anyone with eligible land can apply.
Filing the form does not guarantee that the request will be approved. The local governing body must review and decide on the application.
The application must meet specific requirements outlined in Section 36111A. At least one of these requirements must be satisfied for approval.
Applicants must attach supporting documents, such as a copy of the deed and tax assessment notice, to ensure the application is complete.
If the land is under a land contract, the vendor (seller) must also consent to the release. Their signature is required on the form.
The Michigan Es 012 form is relevant across the entire state. All counties have the same process for handling these applications.
The process can take time. The local governing body has 45 days to approve or reject the application after the meeting date.
Detailed Instructions for Using Michigan Es 012
Filling out the Michigan Es 012 form requires careful attention to detail. This form is essential for those seeking to terminate a Farmland Development Rights Agreement. After completing the form, it will need to be submitted to the appropriate local governing body for review and approval.
- Personal Information: Start by entering your name as the applicant, including your last name, first name, and initial. If applicable, provide your spouse’s name in the same format.
- Fill in your mailing address, including street, city, state, and zip code.
- Provide your telephone number, including the area code.
- List your Social Security Number and your spouse’s Social Security Number.
- If applicable, include your Federal Employer Identification Number.
- Enter the Farmland Development Rights Agreement number.
- Property Location: Indicate the county where the property is located.
- Specify the township, city, or village associated with the property.
- Provide the section number, town number, and range number as applicable.
- Legal Information: Attach a copy of the deed or land contract.
- Attach a copy of the most recent property tax assessment notice or tax bill.
- Indicate if there is a tax lien against the land and provide an explanation if applicable.
- State whether the land is being purchased under a land contract. If yes, provide the vendor's name and mailing address.
- Ensure the land contract seller signs the form, agreeing to the release of the land.
- Reasons for Withdrawal: Provide a detailed explanation of why the land should be released from the agreement. Attach supporting documentation as needed.
- Draw a map of the property, indicating boundaries and any significant features.
- Signatures: Sign the application, confirming that all information is accurate. Include the date and any corporate title if applicable.
After completing these steps, submit the form to the appropriate local governing body. They will review your application and notify you of their decision. Make sure to keep copies of all documents for your records.
Dos and Don'ts
When filling out the Michigan Es 012 form, there are some important guidelines to follow. Here’s a list of things you should and shouldn’t do:
- Do read the Requirements and Instructions carefully before starting.
- Do print or type your information clearly to avoid any misunderstandings.
- Do attach any required documents, such as a copy of the deed or tax assessment notice.
- Do provide detailed explanations for the reasons you are withdrawing land from the program.
- Do ensure that all signatures are included where necessary, especially from the land contract seller.
- Don't leave any sections blank unless instructed to do so.
- Don't submit the form without checking for accuracy in your personal information.
- Don't forget to include a map showing the property boundaries and features.
- Don't ignore the deadlines for submission or notification from local governing bodies.
- Don't hesitate to ask for help if you are unsure about any part of the application process.