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The Michigan ES 012 form is an essential document for landowners seeking to terminate a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This program, established under Part 361 of the Natural Resources and Environmental Protection Act, aims to protect agricultural land from development pressures. The form requires applicants to provide detailed personal information, including names, addresses, and social security numbers, as well as specifics about the property in question, such as its legal description and tax assessment details. Applicants must also disclose any existing tax liens and indicate if the land is under a land contract. Additionally, a clear rationale for withdrawing the land from the program must be presented, supported by relevant documentation. A sketch of the property, highlighting its boundaries and features, is also necessary. The application undergoes a review process by local governing bodies and relevant agencies, ensuring that all necessary criteria are met before approval or rejection. Understanding the requirements and instructions outlined in the form is crucial for a successful application, as it lays the groundwork for maintaining agricultural integrity while allowing for necessary land use changes.

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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

➤ PDF File

Form Specifications

Fact Name Detail
Purpose The Michigan ES 012 form is used to apply for the termination of a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program.
Governing Law This form is governed by Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, as amended, commonly known as P.A. 116.
Applicant Information Applicants must provide personal details, including names, mailing address, and social security numbers.
Property Details Applicants need to specify the property location, including county, township, section number, and other relevant identifiers.
Documentation Required Supporting documents such as a copy of the deed, recent property tax assessment, and any tax lien details must be attached.
Withdrawal Requirements To withdraw land from the program, applicants must meet one of the eight requirements outlined in Section 36111A of the governing law.
Local Governing Body The application must be submitted to the local governing body, which has 45 days to approve or reject the request after a scheduled meeting.
Signatures All applicants must sign the form, declaring that the information provided is true and correct to the best of their knowledge.

Michigan Es 012: Usage Guidelines

Completing the Michigan Es 012 form requires careful attention to detail and accurate information. Once you have filled out the form, you will submit it to the appropriate local governing body for review. They will assess your application and notify you of their decision.

  1. Gather Required Documents: Collect a copy of the deed or land contract and the most recent property tax assessment notice or tax bill.
  2. Fill Out Personal Information: Write your name, spouse’s name, mailing address, telephone number, and Social Security numbers in Section A.
  3. Provide Property Location: Enter the county, township, city or village, section number, town number, and range number in Section B.
  4. Legal Information: Attach the required documents, including the deed and tax assessment notice. Indicate whether there is a tax lien against the land and if the land is being purchased under a land contract.
  5. Vendor Agreement: If applicable, have the land contract seller sign the form to agree to the release of the land from the program.
  6. Identify Entity Type: If applicable, check the appropriate box and provide details for the corporation or partnership.
  7. Explain Withdrawal Reasons: Provide a detailed explanation of why the land should be released from the agreement in Section D.
  8. Sketch Property Map: Draw a map showing the property boundaries and any relevant features. Use the space provided or attach a separate sheet.
  9. Sign the Application: All applicants must sign the form, indicating that the information provided is true and correct.
  10. Submit the Form: Send the completed form along with all required attachments to the local governing body.

Your Questions, Answered

What is the Michigan ES 012 form?

The Michigan ES 012 form is an application used for the termination of a Farmland Development Rights Agreement. This agreement is part of the Farmland and Open Space Preservation Program, established under the Natural Resources and Environmental Protection Act. The form is designed for landowners who wish to withdraw their land from this preservation program before the specified expiration date of their agreement.

Who needs to fill out the ES 012 form?

Any landowner who holds a Farmland Development Rights Agreement and wishes to terminate that agreement must complete the ES 012 form. This includes individuals, corporations, partnerships, and other entities that own farmland under the program. It is important that the owner of record and any co-owners or sellers involved in a land contract are included in the application process.

What information is required on the ES 012 form?

The form requires personal information about the applicant, including names, addresses, and contact information. Additionally, it asks for details about the property, such as its location, legal description, and any tax liens. The form also requires a detailed explanation of why the land should be released from the agreement and may necessitate supporting documentation.

What are the eligibility requirements for terminating the agreement?

To successfully terminate a Farmland Development Rights Agreement using the ES 012 form, the applicant must meet one of the eight specific requirements outlined in Section 36111A of the Natural Resources and Environmental Protection Act. These requirements are designed to ensure that the termination is justified and aligns with the goals of the preservation program.

What supporting documents must be attached to the ES 012 form?

Applicants are required to attach several supporting documents to their application. These include a copy of the deed or land contract, the most recent property tax assessment notice or tax bill, and any relevant documentation that supports the reasons for withdrawal. A map of the property showing its boundaries and features should also be included.

What happens after the form is submitted?

Once the ES 012 form is submitted, the local governing body will review the application. They have 45 days to approve or reject it. The clerk will notify the applicant five days before any action is taken. If approved, the application will be forwarded to the Michigan Department of Agriculture for final processing. If rejected, the applicant will receive a written notification detailing the reasons for rejection.

Can I appeal if my application is rejected?

If your application for termination of the Farmland Development Rights Agreement is rejected, you have the right to appeal the decision. The rejection notice will typically include information on how to proceed with an appeal, including any deadlines or additional requirements that must be met. It is advisable to consult with a legal professional for guidance on the appeals process.

Common mistakes

  1. Inaccurate Personal Information: One common mistake is providing incorrect names or contact details. Ensure that the names of all applicants and their mailing addresses are accurate and match official records.

  2. Missing Signatures: All required signatures must be present. If the application is from a corporation or partnership, signatures from all necessary parties, including corporate officers, are essential.

  3. Failure to Attach Required Documents: Applicants often neglect to include necessary documentation, such as a copy of the deed or the most recent property tax assessment notice. These documents are crucial for processing the application.

  4. Incomplete Legal Information: When filling out the legal information section, applicants sometimes skip important details, such as the Farmland Development Rights Agreement number or the status of tax liens. This can delay the application process.

  5. Insufficient Explanation for Withdrawal: Applicants frequently provide vague or insufficient explanations for why they wish to withdraw land from the program. A detailed and clear justification is necessary for approval.

  6. Neglecting to Check the Appropriate Boxes: Some applicants forget to check the relevant boxes indicating their status, such as whether they are purchasing under a land contract. This oversight can lead to confusion and delays.

  7. Not Following Submission Guidelines: Lastly, failing to adhere to the submission guidelines, such as not using the correct format or omitting the map of the property, can result in rejection of the application.

Documents used along the form

The Michigan ES-012 form is a crucial document for those looking to terminate a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. Along with this form, there are several other documents that are commonly required to ensure a smooth application process. Below is a list of these documents, each serving a specific purpose in the termination process.

  • Deed or Land Contract: This document provides legal proof of ownership and details the specific terms under which the property is held. It is essential for verifying the applicant's rights to the land being discussed.
  • Property Tax Assessment Notice: This notice indicates the current assessed value of the property for tax purposes. It helps to establish the financial status of the land and is often necessary for local government review.
  • Tax Lien Documentation: If there is a tax lien against the property, this documentation explains the circumstances surrounding it. This information is vital for the local governing body to understand any financial encumbrances on the land.
  • Map of the Property: A sketch or map showing the boundaries and features of the property is required. This visual representation aids in the evaluation of the land's characteristics and its suitability for withdrawal from the program.
  • Supporting Documentation for Withdrawal: This may include any additional information or evidence that justifies the request for termination of the agreement. It is crucial to provide a compelling reason for the local governing body to consider the application favorably.

Gathering these documents can seem overwhelming, but each one plays a vital role in the process. Ensuring that you have all the necessary paperwork will help facilitate a smoother and more efficient review by the local governing body. Taking the time to prepare thoroughly can make a significant difference in the outcome of your application.

Similar forms

The Michigan Es 012 form is a specific application related to the termination of a Farmland Development Rights Agreement. There are several other documents that share similarities with this form, particularly in their purpose and the information they require. Here are ten documents that are comparable to the Michigan Es 012 form:

  • Property Deed: Like the Es 012, a property deed outlines ownership details and legal descriptions of the property. Both documents require accurate identification of the property and its owners.
  • Land Contract: This document serves as an agreement between a buyer and seller regarding the sale of property. Similar to the Es 012, it often requires signatures and can involve terms related to the release of property rights.
  • Tax Assessment Notice: This notice provides information about the property’s assessed value for tax purposes. The Es 012 also requests recent tax information to ensure compliance with local regulations.
  • Application for Variance: A variance application is used when property owners seek exceptions to zoning laws. Both forms involve detailed explanations and justifications for changes in property use or status.
  • Withdrawal from Conservation Easement Application: This document is similar in that it requests the removal of property from a conservation program, requiring justification and supporting documentation.
  • Subdivision Application: When property owners want to divide their land, they must submit a subdivision application. Like the Es 012, it requires detailed property descriptions and compliance with local regulations.
  • Building Permit Application: This application seeks permission to construct or modify buildings on a property. It, too, requires detailed property information and may involve local government review.
  • Environmental Impact Assessment: This document assesses potential effects of a project on the environment. Similar to the Es 012, it often necessitates comprehensive information about the land and its current use.
  • Land Use Permit Application: This application is necessary when changing the use of land. It shares similarities with the Es 012 in requiring justification and detailed property information.
  • Real Estate Disclosure Statement: This document informs potential buyers of any issues with the property. Both the Es 012 and this statement aim to ensure transparency regarding property conditions and agreements.

Understanding these documents can help clarify the processes involved in property management and development. Each serves a specific purpose but often overlaps in the information required and the goals they aim to achieve.

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 carefully. Here are five things you should and shouldn't do:

  • Do: Read the Requirements and Instructions thoroughly before starting the application.
  • Do: Print or type your information clearly to avoid any misunderstandings.
  • Do: Attach all necessary documentation, such as the deed or land contract and recent tax assessment notices.
  • Do: Provide accurate and complete personal information, including Social Security numbers where required.
  • Do: Ensure that all signatures are obtained, especially from the land contract seller if applicable.
  • Don't: Leave any sections blank; if a question does not apply, indicate that clearly.
  • Don't: Submit the form without reviewing it for errors or omissions.
  • Don't: Forget to include a map or sketch of the property showing boundaries and features.
  • Don't: Use abbreviations or shorthand that may confuse the reviewers.
  • Don't: Delay in submitting the application, as timely filing is crucial for processing.

Misconceptions

Misconceptions about the Michigan Es 012 form can lead to confusion and delays in the application process. Here are six common misconceptions explained:

  • Misconception 1: The form is only for large farms.

    • This form is applicable to all types of farmland, regardless of size. Whether you own a small plot or a large estate, you can use this form to apply for termination of a Farmland Development Rights Agreement.

  • Misconception 2: You need a lawyer to fill out the form.

    • While legal advice can be helpful, it is not necessary to have a lawyer complete this form. You can fill it out on your own, provided you follow the instructions carefully.

  • Misconception 3: The application process is quick and easy.

    • The process can take time. After submission, local governing bodies have up to 45 days to approve or reject the application. Patience is important as you await their decision.

  • Misconception 4: You cannot withdraw from the program if there is a tax lien.

    • Having a tax lien does not automatically disqualify you from withdrawing your land from the program. However, you must provide an explanation of the circumstances surrounding the lien.

  • Misconception 5: You must submit the application in person.

    • You can submit the application by mail. Ensure that you send it to the correct local governing body for processing.

  • Misconception 6: The form does not require supporting documents.

    • Supporting documents are essential for your application. These include a copy of the deed, the most recent property tax assessment, and any other relevant documentation to justify your request.

Key takeaways

When filling out the Michigan Es 012 form for the termination of a Farmland Development Rights Agreement, keep the following key takeaways in mind:

  • Read the Instructions Carefully: Before starting, thoroughly review the Requirements and Instructions section. This will help ensure that you understand what is needed for a successful application.
  • Provide Accurate Personal Information: Fill in your name, mailing address, and contact details correctly. This information is crucial for communication regarding your application.
  • Include Necessary Documentation: Attach a copy of the deed or land contract, along with the most recent property tax assessment notice. These documents are essential for verifying your ownership and tax status.
  • Explain Withdrawal Reasons Clearly: In the section for reasons for withdrawal, provide a detailed explanation. Supporting documentation should also be attached to strengthen your case.
  • Map Your Property: Draw a clear sketch of your property, indicating boundaries and features. This visual representation aids in the review process.
  • Stay Informed on Local Procedures: After submission, be aware that the local governing body has 45 days to approve or reject your application. You will receive notification about their decision.

By following these takeaways, you can navigate the application process more smoothly and increase your chances of a successful termination of the agreement.