Under Article 97, Massachusetts conservation land can only be sold or conveyed by a two-thirds vote of the House and Senate. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. Section. 97. We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. The company thereafter entered into an agreement with the Town to lease the project site on the property. 1 Prior to City of Westfield, Article 97s application was limited to circumstances where an instrument, recorded in the title of property (including an instrument of taking), indicated an intent by the state entity or municipality to limit the use to conservation purposes. 97. In this case, the determinative factor was Westfieldsacceptance of federal conservation funds to rehabilitate the playground, which had an accompanying restriction by which the city surrendered all ability to convert the playground to a use other than public outdoor recreation. An official website of the Commonwealth of Massachusetts, This page, Article 97 & The Public Lands Preservation Act, is, Article 97 & The Public Lands Preservation Act, An Act Preserving Open Space in the Commonwealth, , also known as the Public Lands Preservation Act (PLPA), established in statute requirements and a process for submission to the legislature of petitions to authorize the use for another purpose or disposition of land subject to, Article 97 of the Amendments to the Constitution of the Commonwealth. 4 Id. To advance understanding of the new law, including proper consideration of alternatives and whether proposed replacement land meets the standards of the Act, EEA is providing on this webpage a guidance document, answers to frequently asked questions, and other useful information. It is intended for general information purposes and as a service to clients and friends of Pierce Atwood LLP. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 0000000981 00000 n The end of the institution, maintenance, and administration of government is to secure the existence of the body-politic, to protect it, and to furnish the individuals who compose it with the power of enjoying, in safety and tranquillity, their . 97 where it was neither taken by eminent domain nor acquired for any of the purposes set forth in art. Land Court, Oct. 18, 2017). HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. 0000052090 00000 n Several such bills are filed each year, mostly not controversial, enabling land swaps with state forests or state parks, limited commercial or private activities in municipal parks and forests, transactions with local businesses and local landowners to lease town properties, legalization of encroachments, or releases of conservation restrictions. Article 97 of the Massachusetts Constitution is one of many important layers of legal protection for public conservation land. Article I of the Declaration of Rights. The Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. Adopted by the voters in November 1972, Article 97 of Amendments to the Massachusetts Constitution requires special, high-level consideration of any proposed disposition of or change in use of parklands. The Massachusetts Supreme Judicial Court significantly broadened the scope of Article 97 and, thus, the constraints on the development of property by governmental entities in Massachusetts, in the case of Smith v. City of Westfield, 478 Mass 49 (2017). Article 97: Constitution of the Commonwealth of Massachusetts. Hb```f``9Ab 1D,@,fg_| Qo.i g8('/=a%Cb`L@ ` 5 endstream endobj 30 0 obj 130 endobj 17 0 obj << /Type /Page /Parent 12 0 R /Resources 18 0 R /Contents 24 0 R /MediaBox [ 0 0 612 792 ] /CropBox [ 0 0 612 792 ] /Rotate 0 >> endobj 18 0 obj << /ProcSet [ /PDF /Text ] /Font << /TT2 20 0 R /TT4 19 0 R >> /ExtGState << /GS1 26 0 R >> /ColorSpace << /Cs6 23 0 R >> >> endobj 19 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 89 /Widths [ 250 0 0 0 0 0 0 0 0 0 0 0 250 0 0 0 0 500 0 0 0 0 0 500 500 500 0 0 0 0 0 0 0 722 667 722 722 667 611 0 0 389 0 0 667 0 722 778 611 0 722 556 667 722 0 0 0 722 ] /Encoding /WinAnsiEncoding /BaseFont /CGOEEA+TimesNewRoman,Bold /FontDescriptor 22 0 R >> endobj 20 0 obj << /Type /Font /Subtype /TrueType /FirstChar 32 /LastChar 167 /Widths [ 250 0 0 0 0 0 0 0 333 333 0 0 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 0 0 0 0 0 722 0 667 722 611 556 722 722 333 0 0 611 889 722 722 556 0 667 556 611 722 722 944 722 0 0 333 0 333 0 0 0 444 500 444 500 444 333 500 500 278 278 500 278 778 500 500 500 500 333 389 278 500 500 722 500 500 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 333 333 0 444 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 ] /Encoding /WinAnsiEncoding /BaseFont /CGODNA+TimesNewRoman /FontDescriptor 21 0 R >> endobj 21 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -568 -307 2028 1007 ] /FontName /CGODNA+TimesNewRoman /ItalicAngle 0 /StemV 94 /XHeight 0 /FontFile2 25 0 R >> endobj 22 0 obj << /Type /FontDescriptor /Ascent 891 /CapHeight 656 /Descent -216 /Flags 34 /FontBBox [ -558 -307 2034 1026 ] /FontName /CGOEEA+TimesNewRoman,Bold /ItalicAngle 0 /StemV 160 /FontFile2 27 0 R >> endobj 23 0 obj [ /ICCBased 28 0 R ] endobj 24 0 obj << /Length 2917 /Filter /FlateDecode >> stream The value of the property has been reduced by this process (by prohibiting development), which may lead to tax benefits. "5 No specific amount of time is required for such dedication to take effectas long as the intent to permanently render the land a public park is clearly and unequivocally manifested, and the public accepts such dedication, the land becomes subject to art. 97 where it was neither taken by eminent domain nor acquired for any of the purposes set forth in art. This blog may be construed as an advertisement, but should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: The Massachusetts Supreme Judicial Court significantly broadened the scope of Article 97 and, thus, the constraints on the development of property by governmental entities in Massachusetts, in the case of. Massachusetts (officially called a commonwealth) is bounded to the north by Vermont and New Hampshire, to the east and southeast by the Atlantic Ocean, to the south by Rhode Island and Connecticut, and to the west by New York. 1 Westfield, 478 Mass. All land acquired by EEA agencies (either in fee simple or by CR) is protected under Article 97 of the Amendments to the Massachusetts Constitution. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. 6 Ibid. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. See e.g. Copyright 2023 Pierce Atwood LLP. Turning to the issue of whether the Cross Street Playground was dedicated by Westfield as a public park entitled to the protections of Art. The City of Westfield's Proposed School Which is mandated by Article 97 of the state constitution. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. 97. A PLPA Portal has also been created to streamline the submission process by providing an online tool for EEA to accept required documents and easily post alternative analyses, facilitating compliance with the PLPAs public notice requirement. In Smith v. Westfield, 478 Mass. We will use this information to improve this page. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. amend. The sole issue was whether the land was protected by Art. [2] NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 0000000667 00000 n The Court considered the totality of the circumstances, but the most determinative factor was the Citys acceptance of federal funding, which required the City to maintain the land as a public park unless it first obtained federal approval to change its use. Constitution (Count II) guaranteeing all state citizens the "right to clean water". State and municipal entities which propose to develop vacant properties or properties which have been used for any period of time for uses that could fairly be characterized as conservation or recreation, should engage in a thorough analysis of any documentation or other evidence that speaks to its intent with respect to the use of the property. at 615-16). 49 (2017), the Supreme Judicial Court considered whether Article 97 of the Amendments to the Massachusetts Constitution applied to a parcel of land originally acquired by the city through a tax taking. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. In 1979, Westfield received agrant from the federal government under the Land and Water Conservation Fund Act (LWCF), which mandated that [n]o property acquired or developed with assistance under this section shall be converted to other than public outdoor recreation uses without the approval of the U.S. Secretary of the Interior. If you need assistance, please contact the Executive Office of Energy and Environmental Affairs. 97 if (1) "the intent to dedicate [the land permanently is] made manifest by the unequivocal declarations or acts of the owner" and (2) "where the dedication is accepted by the public. Justice and Commerce Departments Announce Creation of Disruptive United States Department of Justice (DOJ), Biden Executive Order 14091 Strengthens Equity for Federal Agencies. Constitution of Massachusetts (October 25, 1780) Constitution of Massachusetts 1780. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Recent CFPB Actions Focus on Protecting Military Families, New and Updated Guidance on the Scope of the UK Plastic Packaging Tax. 346, 349 (1873)). Basic form. Article number in Roman numerals. at 615-16). Art. On October 2, 2017, the Massachusetts Supreme Judicial Court ruled in Smith v. City of Westfield that Article 97 protection may be triggered for municipal land without formally recording at the Registry of Deeds a deed, conservation restriction, or other instrument. manner with deliberate indifference, to violate the plaintiff's, grandson's and others' Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that [l]ands and easements taken or acquired for conservation purposes shall not be used for other purposes or disposed of without the approval of two thirds roll call vote of each branch of the legislature. Article 97 is intended to be a legislative check to ensure that lands acquired by state entities and municipalities for conservation purposes are not converted to other inconsistent uses. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. Mirkovic v. Guercio, 2017 WL 4681972 (Mass. While most state constitutions empowered the lower houses of their legislatures to shape policy, the Massachusetts Constitution built up the powers of the other branches of government. at 615-16). Use this button to show and access all levels. McGregor Legere & Stevens, PC 15 Court Square, Suite 660 Boston, MA 02108. Articles XXI-XXX, Amendments to the Massachusetts Constitution. It is not an attempt to provide legal advice. Cited as a tool to meeting its mission in seven sections. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. The Land Court reasoned that the phrase "other compatible purposes" needed to be read within the context of the Towns Water Protection District zoning bylaw, which allowed, among other things, commercial, industrial, and institutional uses, and even the handling and storage of toxic or hazardous materials, in the Water Protection District. Oftenthere is a deed, conservation easement, or other written instrument that reflects the taking or acquisition of land protected by Art. Importantly, Article 97 also provides that any lands taken for Article 97 purposes shall not be used for any other. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. Article 97 is more famous as containing a Right to a Clean Environment in Massachusetts. c.214, 3(10). All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. Article 97 of the Amendments to the Massachusetts Constitution ("Art. The effect of the SJCs decision on other communities remains to be seen because Art. Click here to sign up for city emergency alerts - including community event alerts, Fire Department notifications, law enforcement alerts, general information alerts, and public works notifications. Top-requested sites to log in to services provided by the state. Phone: (413) 322-5510 Across the spectrum of environmental law, we offer advice and representation with practical, results-oriented lawyering in the following practice areas Coastal Zone Management (CZM) and Ocean Law, McGregor Legere & Stevens, PC, 15 Court Square, Ste 660, Boston, MA 02108. The CR is recorded with the property deed, and the terms of the agreement remain in place on the land even if the land changes ownership. The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. In the Westfield case, the SJC revisited its analyses in determining whether Article 97 state constitutional protections apply to restrict development of land held by state and municipal entities "for conservation and natural resource protection purposes." NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. 97). In the first judicial decision to apply this Article 97 guidance, the Massachusetts Land Court held that property conveyed to a town "for the purposes of protection of water resources and other compatible purposes including conservation and recreation" is not protected land under Article 97, and therefore could be leased to install a solar facility. G.L. For example the drinking water filtration that forested lands provide. mass.gov/eea/agencies/mepa/about-mepa/eea-policies/eea-article-97-land-disposition-policy.html (Feb. 19, 1998). Patricia DeAngelis is a member of the Business and Finance Department and the Commercial Real Estate Development and Construction Practice Groups. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. Articles XXXI-XLVII, Amendments to the Massachusetts Constitution. 97 provides, in part, that property "taken or acquired" for conservation purposes "shall not be used for other purposes" without approval by a two-thirds vote of each branch of the state legislature. c. 30, 10A). Why? The phrase "the right to keep and to bear arms" is codified in Article XVII of the Massachusetts Constitution, which Adams wrote in his office as a "subcommittee of one," as he called himself . The Court reasoned that, it is likely that even without the federal funding, the park would have been considered to be dedicated and accepted as a public park because it "served as a public playground for more than sixty years." 97] and cannot be converted from intended use without permission from the National Park Service and the Massachusetts Executive Office of Energy and Environmental Affairs. I. In its evaluation of the ways (other than by deed restriction) that land can be designated for conservation purposes, the SJC examined two related common law doctrines: the dedication of land for public use, and prior public use. (citing Mahajan, 464 Mass. In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected by Article 97 of the Amendments of the Massachusetts Constitution. My Turn/Youngblood: Our work is not done- From the beginning, the proposed NED pipeline had the classic characteristics of a bad idea. Article 97 reaffirmed that view and made it a part of the Massachusetts Constitution. If you need assistance, please contact the Executive Office of Energy and Environmental Affairs. Art. 502, 508-509 (2005). Abbreviated name of Constitution amend. 97 should be sent to plpa@mass.govincluding: EEA policy, legal, and legislative staff will collaboratively review & respond to submitted questions. 49 of the Amendments, but preserved the right of the people to enjoy the natural resources of the Commonwealth. 0000002748 00000 n Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ' [l]ands and easements. This content is for decoration only skip decoration. ) or https:// means youve safely connected to the official website. In the Westfield case, the SJC revisited its analyses in determining whether Article 97 state constitutional protections apply to restrict development of land held by state and municipal entities "for conservation and natural resource protection purposes." Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Art. Specifically, Article 97 requires a two-thirds roll call vote of each house of the state legislature in order to dispose of or change the use of certain state, county or local public lands taken or acquired for natural resources purposes, broadly defined. Share sensitive information only on official, secure websites. The document took John Adamsyes that John Adamsabout a month to write, and has lasted 236 years and counting. This web site is provided for informational purposes only. Thus, the Court, for the first time, considered evidence outside of the propertys title in determining that Article 97 prohibited the change of use. 1 Prior to City of Westfield, Article 97s application was limited to circumstances where an instrument, recorded in the title of property (including an instrument of taking), indicated an intent by the state entity or municipality to limit the use to conservation purposes.