Homepage Michigan Es 012 PDF Form
Content Navigation

In the pursuit of preserving Michigan's invaluable farmland and open spaces, the Michigan Es 012 form emerges as a vital document under the Farmland and Open Space Preservation Program. This comprehensive application is designed for those seeking the termination of a Farmland Development Rights Agreement, which is intricately woven into the fabric of the Natural Resources and Environmental Protection Act, 1994 Act 451, also recognized as P.A. 116. Prior to filling out the form, applicants are strongly advised to acquaint themselves thoroughly with the attached requirements and instructions to ensure precision and adherence to the protocol. The application encompasses various sections that require detailed personal information, property specifics, legal details including deeds or land contracts, and a compelling rationale for the request to withdraw land from the program. Additionally, it mandates the inclusion of supporting documentation such as recent tax assessments, maps illustrating the property's layout, and other relevant material to fortify the application. With designated spaces for official use, it meticulously guides applicants through a structured process, ensuring that local governing bodies receive well-documented, credible applications for their review. The form not only underscores the state's commitment to preserving its farmland and open spaces but also accommodates an orderly procedure for landowners to navigate their developmental rights and obligations.

Preview - 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 Characteristics

Fact Number Description
1 The Michigan ES 012 form is used for the application for termination of a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program.
2 This form is governed by Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, as amended, more commonly known as P.A. 116.
3 Applicants must read the Requirements and Instructions carefully before filling out the form, indicating the emphasis on compliance with specific directives for the termination process.
4 The form requires detailed personal information, property location, legal information regarding the property, and reasons for withdrawal from the program, demonstrating the comprehensive review process for termination requests.
5 Submissions must include supporting documentation such as a copy of the deed or land contract, a most recent property tax assessment notice or tax bill, and possibly a map showing the property's boundary, structures, and natural or man-made features.

Guidelines on Utilizing Michigan Es 012

After deciding to proceed with the termination of a Farmland Development Rights Agreement in Michigan, you must fill out the ES-012 form accurately. This form is your formal request to remove your land from the Farmland and Open Space Preservation Program. The following steps are designed to guide you through this process smoothly and efficiently. Make sure to have all necessary documents and information at hand before starting to fill out the form.

  1. Start by providing the Personal Information in section A:
    • Enter the name(s) of the applicant, including your last name, first name, and initial, as well as your spouse’s name if applicable.
    • Fill in your mailing address, including street, city, state, and ZIP code.
    • Provide your telephone number, including the area code.
    • Enter your Social Security Number and, if applicable, your spouse’s Social Security Number.
    • If you have one, include your Federal Employer Identification Number.
    • Add your Farmland Development Rights Agreement number.
  2. For the Property Location section B:
    • Write the county where the property is located.
    • Specify the township, city, or village.
    • Enter the Section No., Town #, and Range #, which can all be found on your deed.
  3. In section C, Legal Information, attach the required documents:
    • Attach a copy of your deed or land contract.
    • Include the most recent property tax assessment notice or tax bill.
    • Answer whether there is a tax lien against the land and explain if applicable.
    • If the land is being purchased under a land contract, indicate the seller’s name and address, and ensure the seller signs the agreement to release the land from the program.
  4. Identify your status if you meet one of the specific categories listed under section C and provide the requested details.
  5. In section D, Reasons for Withdrawal of Land From Program, provide a detailed explanation for why the land should be released, and attach supporting documentation if necessary.
  6. Draw a map or sketch of the property as instructed in item 16, showing all required features, and attach it to the form.
  7. Review the section E about sending and receiving documentation, though this is primarily for official use.
  8. Lastly, sign the form under section E, Signatures, verifying that all information provided is true and correct to the best of your knowledge. If applicable, include the corporation name, your title, and have co-owners or corporate officers sign as well.

After completing these steps, ensure all required documents and attachments are included with your ES-012 form. The final step involves submitting the form and any additional materials to the appropriate local governing body or jurisdiction as directed in the form's instructions. The processing of your application includes review by several agencies, and you will be notified of the decision by the local governing body. It is crucial to follow all instructions carefully and provide complete and accurate information to facilitate a smooth review process.

Crucial Points on This Form

What is the Michigan ES 012 form?

The Michigan ES 012 form is an application used by property owners who wish to terminate their Farmland Development Rights Agreement. This program, part of the Natural Resources and Environmental Protection Act (Act 451 of 1994), as amended, commonly known as P.A. 116, is designed to preserve farmland and open spaces within the state. The form requires detailed information about the applicant, the property, and the reasons for seeking termination of the agreement.

Who needs to fill out the Michigan ES 012 form?

Property owners who are currently participating in the Farmland and Open Space Preservation Program and wish to withdraw their land from the program before the specified expiration date of the agreement must fill out this form. This includes individual owners, corporations, partnerships, trusts, estates, associations, or any entity with a joint or common interest in the land.

What information is required to complete the form?

  1. Personal information, including names and contact details of the applicant(s).
  2. Details about the farmland development rights agreement.
  3. Location and legal information regarding the property.
  4. A detailed explanation for the request to withdraw the land from the program, along with any supporting documents.
  5. A sketch or map of the property, showing boundaries and significant features.

Are there any requirements to terminate a Farmland Development Rights Agreement?

Yes, the application must meet one of the eight specified requirements listed in Section 36111A of the Act for approval. These requirements typically involve changes in the land, ownership, or economic feasibility of keeping the land in the program. A detailed explanation and supporting documentation highlighting why the land should be released from the agreement are essential parts of the application process.

What happens after the form is submitted?

Once the form is submitted, it undergoes review by various local and state agencies. The local governing body has 45 days from the meeting date to approve or reject the application. Applicants will be notified of the decision, and successful applicants will then proceed with the required steps to officially terminate the agreement.

Can a land contract seller prevent the termination of a Farmland Development Rights Agreement?

Yes, if the land is being purchased under a land contract, the seller must agree to allow the land to be released from the program. Their consent is a mandatory part of the application process, demonstrated through their signature on the form.

What should be included with the application?

  • A copy of the deed or land contract for the property.
  • The most recent property tax assessment notice or tax bill.
  • If applicable, documentation regarding any tax lien against the land.
  • Supporting documentation for the reasons for withdrawal from the program.
  • A map or sketch of the property.

Where can I find more information or assistance with filling out the Michigan ES 012 form?

For more information or assistance, property owners can contact the Michigan Department of Agriculture & Rural Development's Farmland and Open Space Preservation Program. Additionally, consulting with a legal professional experienced in property and environmental law may provide valuable guidance through the termination process.

Common mistakes

Filling out the Michigan ES 012 form, which is used for applying for the termination of a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program, requires attention to detail and understanding of the form's requirements. One frequent mistake is not providing complete personal information in section A. Applicants may forget to include crucial details such as their social security number or the farmland development rights agreement number, which can delay the processing of the application.

Another error occurs in section B, concerning the property location. It’s common to see submissions with inaccurate or incomplete property descriptions. Given that these details must match those on the deed or land contract exactly to identify the property correctly, any discrepancy can lead to significant issues with the application's approval.

In section C, applicants are required to attach copies of legal documents such as the deed or land contract, along with the most recent property tax assessment notice or tax bill. Failing to attach these documents, or attaching outdated or irrelevant documents, is another mistake that complicates the termination process. This oversight might not only delay the procedure but may also necessitate additional correspondence to obtain the correct documents.

Incorrectly addressing the requirements in section D is another common issue. This section asks for a detailed explanation for the desire to withdraw land from the preservation program and for supporting documentation. Applicants often provide vague or insufficient explanations, which can result in the need for further clarification and thereby slow down the application review process.

An underestimated part of the application is the requirement in section 16, which asks for a map or sketch of the property outlining its boundaries, structures, and natural or man-made features. A lack of detail or clarity in these sketches can make it difficult for the reviewing body to assess and make decisions regarding the property. Clear, comprehensive maps are crucial for a successful application process.

Last, a critical yet frequent mistake is not properly executing the signature section, E. Either by forgetting to have all necessary parties sign the application or by providing incomplete information regarding the corporation, business trust, estate trust, partnership, association, or any other entity listed under section 14. The application is a legal document, and all signatures must be correct and complete to validate the request. This oversight can be the simplest yet most critical error that delays the application process.

Documents used along the form

When dealing with the Michigan ES 012 Form, also known as the application for termination of a Farmland Development Rights Agreement, it's essential to gather and prepare various forms and documents to ensure a smooth and comprehensive application process. The ES 012 Form is part of a broader legal and administrative process that requires thorough documentation for verification and compliance purposes. Here's a list of other vital documents often used in conjunction with the ES 012 Form.

  1. Copy of the Deed or Land Contract: This document proves ownership and the legal description of the property in question.
  2. Most Recent Property Tax Assessment Notice or Tax Bill: This notice or bill provides proof of the property's assessed value and tax status.
  3. Proof of Agricultural Use: Documents or records demonstrating the property's current use for agricultural purposes.
  4. Land Survey: A recent land survey outlines the property's boundaries, structures, and natural features.
  5. Zoning Documentation: Documents from local governance confirming the property's zoning status, essential for verifying compliance with development rights agreements.
  6. Environmental Impact Assessment: If applicable, an assessment detailing any environmental impacts the termination might cause.
  7. Financial Statements: For business entities, recent financial statements may be required to assess the economic viability and impacts of terminating the agreement.
  8. Legal ID of Owners: Identification proving the ownership and right to make decisions regarding the property.
  9. Letters of Support or Opposition: Any letters from local communities, governments, or organizations either supporting or opposing the termination.
  10. Application Filing Receipt: Received upon submission of the ES 012 Form, important for tracking the application's progress.

Collecting and completing all related documents is critical to navigating the process successfully. These documents provide a comprehensive view of the property's legal, financial, and environmental standing, ensuring informed decision-making by all parties involved. Remember, thorough preparation and attention to detail can significantly streamline any legal or administrative proceedings related to land use and preservation.

Similar forms

  • The Michigan Homestead Property Tax Credit Claim (MI-1040CR) is similar to the ES-012 form in that both involve elements of property management and tax considerations. The MI-1040CR form is used by residents to claim a tax credit for property taxes paid on their primary residence, which reflects the importance of property status documentation similar to the ES-012's purpose in the farmland preservation program.

  • The Application for State Land Lease (Michigan Department of Natural Resources) also shares similarities with the ES-012 form, as both involve the use and management of land within Michigan. This form is used to apply for the lease of state-owned lands for various purposes, requiring detailed information about the land and the lessee, akin to the ES-012's requirements for detailed property information and applicant intentions.

  • The Michigan Principal Residence Exemption (PRE) Affidavit parallels the ES-012 form in its focus on property status and the applicant's relationship to the property. The PRE Affidavit is used to declare a property as the applicant's principal residence, granting a property tax exemption on school operating taxes. Similar to the ES-012, it involves declarations regarding property and requires thorough personal and property information.

  • The Notice of Intention to Claim Interest in Excess Proceeds form from the Michigan Treasurer’s Office is another document with similarities to the ES-012, as it deals with rights and financial claims related to property. This form is completed by individuals intending to claim a portion of the excess funds following a tax sale, requiring detailed information about the claimant and the property, mirroring the ES-012’s comprehensive personal and property sections.

  • The Environmental Permit Application (Michigan Department of Environment, Great Lakes, and Energy) is akin to the ES-012 form since both require detailed analysis of land use and environmental considerations. This form is used for various environmental permits, including actions that might affect land use. Similar to the ES-012 form, applicants must provide extensive details on the property in question, though for different regulatory purposes.

Dos and Don'ts

When filling out the Michigan ES 012 Form, which is an application for termination of a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program, it is crucial to follow certain dos and don'ts to ensure the process is completed accurately and efficiently. Below is a list of recommendations:

  • Do read the Requirements and Instructions carefully before you start filling out the form. This step can prevent mistakes and save time.
  • Do print or type your answers clearly. This ensures that all information is legible and easily processed by the reviewing authority.
  • Do attach additional sheets if the space provided on the form is not sufficient for your answers. Make sure these sheets are clearly marked and referenced to the question they pertain to.
  • Do attach a copy of the deed or land contract and the most recent property tax assessment notice or tax bill as required by the form instructions.
  • Do provide a detailed explanation for the withdrawal of land from the program, including any supporting documentation that is relevant to your situation.
  • Don't leave any required fields blank. If a question does not apply to your situation, it's better to write "N/A" than to leave it empty.
  • Don't forget to draw a map of the property, showing boundaries, structures, and other significant features, if required. This helps in the evaluation of your application.
  • Don't ignore the requirement for the land contract seller’s agreement if the land is being purchased under a land contract. Their signature is necessary for the application to proceed.
  • Don't submit the form without double-checking all the information for accuracy and completeness. Errors can delay the processing of your application.

Following these guidelines will help streamline the process of applying for the termination of a Farmland Development Rights Agreement in Michigan.

Misconceptions

There exist several misconceptions regarding the Michigan ES 012 form, a document crucial for individuals wishing to terminate their Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. Dispelling these myths is key to understanding the application process and its requirements accurately.

  1. One common misunderstanding is that the form can be submitted electronically. However, the original application requires a manual signature, necessitating that it be submitted in printed form to ensure the authenticity and commitment of the applicant.

  2. Another misconception is that the form's completion and submission guarantee the termination of the agreement. In reality, the approval process involves several steps, including a review by local governing bodies, which means submission alone does not assure the termination.

  3. Many believe that personal information provided in Section A, such as Social Security Numbers, is optional. This information is, in fact, mandatory, as it assists in establishing the identity of the applicants and ensuring they have the authority to request termination.

  4. There's a false assumption that if there's a tax lien against the land, as referred to in question 12, the application will be automatically rejected. While a tax lien doesn't disqualify the application, the circumstances surrounding it must be explained, and it might affect the decision-making process.

  5. Some people think the requirement for a detailed explanation and supporting documentation for why the land should be released, as detailed in Section D, is just a formality. This part of the application is critical, as it provides the rationale for the request and is a significant factor in the approval process.

  6. Another mistaken belief is that all sections of the form apply to every applicant. Certain sections, such as Section 14, only apply if the applicant falls within specific categories like corporations or trusts. It's important for applicants to carefully review and complete only the relevant parts.

  7. Lastly, there is a misconception about the map required under question 16. While some applicants might view this as a simple task to be hastily done, this map is essential for providing a clear visual representation of the property in question, including significant features that could influence the application's outcome.

Clarifying these misconceptions ensures that individuals seeking to terminate their Farmland Development Rights Agreement are well-informed, prepared, and consequently more likely to navigate the process successfully.

Key takeaways

  • It is essential to carefully read the Requirements and Instructions before starting the Application for Termination of a Farmland Development Rights Agreement (Michigan Es 012 form), ensuring all necessary documents and additional sheets are attached as required. This preparation helps in providing a comprehensive application.
  • Applicants must include personal information such as names, mailing address, contact number, social security number(s), and, if applicable, the Federal Employer Identification Number, along with the Farmland Development Rights Agreement number, to correctly identify both the applicant and the subject property.
  • Legal documents, including a copy of the deed or land contract and the most recent property tax assessment notice or tax bill, are required attachments. If there is a tax lien or the land is being purchased under a land contract, specific details and seller’s consent for release from the program must be provided.
  • Detailed reasons for the request to withdraw land from the Farmland and Open Space Preservation Program must be articulated, supported by documentation. A clear explanation and any necessary sketches of the property showing boundaries, structures, and significant natural or man-made features are crucial for the review process.
Please rate Michigan Es 012 PDF Form Form
4.85
Perfect
13 Votes