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. 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. In City of Westfield, the Court applied these rules to a proposed change, by Westfield, of a public park into a new elementary school. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 97 protection. This page is located more than 3 levels deep within a topic. 97 purpose. To own land "in fee simple" means to have complete ownership of the land, with all the usual rights associated with ownership. Article 97 Massachusetts High Court Limits the Scope of Article 97 Carefully Consider the Scope of Releases When Settling Claims between Family-Business Owners, Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation, CT Supreme Court Issues Punitive Damages Ruling Favorable to Policyholders, Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral. Selectmen of Hanson v. Lindsay, 444 Mass. HWr}W %B+Ylely8` Is7U$9}j Wc'p8"rmCuV\\c;Ut]^}|wWk\.>~w5_\~Z\8b"l dP.m 3oXvv$?.n\b+&vw>:c^ M2%E+H"ia;/u,g"oV7t.,_>_\y u5Q&_~[|]0&14 :s:b8##s 4 P7ivhD_9 z=Dcd wxg;Mr In 1990, the Town of Shirley acquired property under a deed that provided the land was being conveyed to the Town "for purposes of protection of water resources and other compatible purposes including conservation and recreation as approved and authorized by the voters of the Town of Shirley.." In 2015, the Towns Planning Board granted site plan approval and a special permit to a solar energy company for the construction and operation of a solar energy generating facility on a section of the property. Find about more about our, The Limits of Exclusive Use Rights in Condominium Common Areas, Mass. Importantly, Article 97 also provides that any lands taken for Article 97 purposes shall not be used for any other. This amounts to an authorization for the state and local governments to utilize their traditional Police Powers (public health, safety, welfare and morals) to protect and promote the environment in general. In 2011, Westfield proposed to build an elementary school on the parcel. 97. Massachusetts Constitution - Article 97: Land Use Policy Land protected by Article 97 requires a 2/3 vote of the Legislature before it can be disposed of. The next generation search tool for finding the right lawyer for you. In 1990, the Town of Shirley acquired property under a deed that provided the land was being conveyed to the Town "for purposes of protection of water resources and other compatible purposes including conservation and recreation as approved and authorized by the voters of the Town of Shirley.." In 2015, the Towns Planning Board granted site plan approval and a special permit to a solar energy company for the construction and operation of a solar energy generating facility on a section of the property. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. It was the first state constitution to be ratified by the people directly rather than by the people's representatives. The feedback will only be used for improving the website. permit for the use of land for the primary purpose of agriculture, Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1 furthers . (quoting Hayden v. Stone, 112 Mass. But the U.S. Natural Gas Act grants pipeline companies the power. We will use this information to improve this page. c. 30, 10A). mass.gov/eea/agencies/mepa/about-mepa/eea-policies/eea-article-97-land-disposition-policy.html (Feb. 19, 1998). "2 In other words, the Court broadly interpreted art. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. 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). 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. 97 includes land dedicated by municipalities as public parks that, under the prior public use doctrine, cannot be sold or devoted to another public use without plain and explicit legislative authority.. 97 disposition unless its "no net loss" policy is satisfied. How? In Smith v. Westfield, the court concluded that parkland protected by Art. The plaintiffs then appealed to the Land Court, arguing that the Town had acquired the property for purposes protected under Article 97 and that the ZBA had exceeded its authority by authorizing the disposition of the publics rights in the property without a vote of two-thirds of both branches of the Massachusetts Legislature. Article 97 of the Amendments to the Massachusetts Constitution (Art. 11 II. The day the Constitution was ratified | Constitution Center 97 also declares the conservation of natural resources a public purpose and provides that land or easements subject to . The Land Court determined that, while protection of water resources was "unquestionably" an Article 97 protected purpose, the allowance in the deed for "other compatible purposes" was not within the scope of Article 97 and that the property was therefore not subject to Article 97. The journey to ratification, however, was a long and arduous process. of Environmental Protection, 464 Mass. G.L. Article 97 to the Amendments to the Massachusetts Constitution 7 A. Articles XLIX-LX, Amendments to the Massachusetts Constitution. a clear and consistent disposition process that honors the integrity of Article 97 of the Amendments to the Massachusetts Constitution. The SJC acknowledged, however, that it has previously recognized that land may be protected under Art. There shall be paid to the Chairman and the Deputy Chairman of the council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law . ) or https:// means youve safely connected to the official website. 3 Id. Cited as a tool to meeting its mission in seven sections. See e.g. 6 Ibid. Please remove any contact information or personal data from your feedback. The City of Westfield's Proposed School Park and Conservation Land Protection in Massachusetts and Its Public Health and Environmental Benefits. Green Futures 97 may be enforced by the Department of Environmental Protection (Mass. 97 protection. 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. The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. It is well established that public lands devoted to one public use cannot be diverted to another inconsistent public use without legislation explicitly authorizing the diversion. So You're Green Prove It or Be Prosecuted: ACCC Sweep Finds 57 California Court of Appeal Addresses When Violations are Willful or Whats new in Belgium on the employment front? 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. Article 97 of Indian Constitution 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. This is a site offering non-comprehensive commentary. In Smith v. Westfield, 478 Mass. 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. 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. The park was not taken by eminent domain, and no instrument was recorded that would limit its usage to conservation or public recreation. "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. The court held that the Cross Street Playground was dedicated as a public park by the city under this standard, and therefore is protected under the prior public use doctrine and art. 97 where it was neither taken by eminent domain nor acquired for any of the purposes set forth in art. My Turn/Youngblood: Our work is not done- From the beginning, the proposed NED pipeline had the classic characteristics of a bad idea. This website is maintained by Pierce Atwood LLP. PDF Testimony on: SB 350 HB 1124 SB 350 HB 1124 An Act Protecting the The Community Preservation Act does not prohibit use of CPA funds for projects on privately-owned property. 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. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. Failure to take these extra steps could result in an attempt to enjoin the sale on Article 97 grounds. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. 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. 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. Baldwin Claim | PDF | National Park Service | Parks - Scribd 97") Common Law Doctrine: The firmly settled and frequently declared policy of the Legislature heretofore has been to preserve public parks free from intrusion of every kind which would interfere in any degree with their complete use for this public end. A group of residents objected and obtained a preliminary injunction suspending the project until the case was resolved. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Massachusetts | Flag, Facts, Maps, Capital, & Attractions | Britannica When? The Land Court determined that, while protection of water resources was "unquestionably" an Article 97 protected purpose, the allowance in the deed for "other compatible purposes" was not within the scope of Article 97 and that the property was therefore not subject to Article 97. Playground Permanently Dedicated and Used As a Public Park Earns A .mass.gov website belongs to an official government organization in Massachusetts. c.214, 3(10). 4) Defendant AR School Committee continues to act in an arbitrary and irrational. The bottom line is that many municipal transactions amount to dispositions of public natural resource lands (and easements and interests in real estate). 9 - Unknown (Article 97 status unknown) Code descriptions for the OpenSpace arc attributes: Field : Code - Description: CODE : 0 - Not coincident : 1 - Town boundary : 2 . The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. The company thereafter entered into an agreement with the Town to lease the project site on the property. 0000002487 00000 n c. 45, 21 (city and town forests); G.L. The . PREAMBLE. solely to the Legislature. The history of each parcel of protected land must be examined to ensure that each layer . Its Here The New National Cybersecurity Strategy. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Many public lands within municipalities are managed under these laws. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. In Smith v. c. 45, 1-13 (city and town parks); G.L. 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. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. BREAKING DOWN THE PRIVACY ACT REVIEW REPORT #3: Removal of The Small White House Releases National Cybersecurity Strategy, Illinois High Court Rules Per-Scan Damages Can Be Awarded Under BIPA, Grassley-Wyden Bill Aims to Fix Broken Tax Whistleblower Law, Lessons Learned From 2022s Trade Secret Verdicts, Mass. Every legal situation is different. In Massachusetts, . ARTICLE 97 - PUBLIC LAND PROTECTION. We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. I. The 2006 Massachusetts statewide outdoor recreation plan, developed pursuant to the LWCF, stated explicitly that [l]and acquired or developed with [LWCF] funds become[s] protected under [Art. Recent Case Law on Article 97 Limits State and Municipal - Lexology Executive Office of Energy and Environmental Affairs, contact the Executive Office of Energy and Environmental Affairs. Establishing the right to a clean environment for the citizens of . PDF Article XCVII. Article XLIX of the Amendments to the Constitution is hereby LibGuides: Citation Guides: State and U.S. Constitutions Holyoke, MA 01040 Which is mandated by Article 97 of the state constitution. XLIX). 45 Op. Article 97 Land Disposition Policy February 19, 1998 Page 2 of 3 3. as part of the disposition, real estate of equal or greater fair market value or value in use of proposed use, whichever is greater, and significantly greater resource value as determined by EOEA and its agencies, are granted to the disposing Articles XI-XX, Amendments to the Massachusetts Constitution. We have been working for all manner of clients since the 1970s on the many ways that Article 97 and public trust obligations come up in business and residential transactions, policy and strategy considerations, and of course court cases where these restrictions are litigated, interpreted and enforced. 502, 508-509 (2005). It has been a public playground for more than 60 years. HD.2117 193rd (Current) An Act relative to Route 128 interchange improvements S.1059 187th (2011 - 2012) An Act amending the City of Gloucester charter. Article 97 Article 97 of the Articles of Amendments to the Constitution of the Commonwealth of Massachusetts (Art. This page is located more than 3 levels deep within a topic. Please limit your input to 500 characters. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. 6 Ibid. 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. Buyers of such property should go beyond a standard title search in conducting due diligence when responding to RFPs by a municipality or state entity. Massachusetts Can't Interfere In Land Development - Article 97 Free Speech Shines Bright, Illuminates Patent Owners Right to Allege California Supreme Court to Address Rounding of Employee Time. 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. A state law requires the approval by the Secretary of EEA on CR's if they are to be permanent. We will use this information to improve this page. 0000002709 00000 n An Act relative to Article 97 of the Amendments to the Constitution of the Commonwealth to be preserved for municipal park and open space purposes lo. in order for an entity to be autonomous, it is assumed that it enjoys a certain financial autonomy, which, however, must be unitary: municipalities, provinces, metropolitan cities and regions have financial autonomy of revenue and expenditure, and this is done in harmony with the Constitution and according to the principles of coordination of public finance and . The Constitution of the United States: A Transcription As the bylaw allowed a broad array of uses that were compatible with the water protection purposes for which the property was acquired, and those uses did not meet the purposes of Article 97, the Land Court found that the deed language was insufficient to invoke Article 97 protections. Cited as a tool to meeting its mission in seven sections. 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. PDF Today's Legal Issues and Solutions Session 3G - MassLand 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. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. 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. The Constitution of the Commonwealth of Massachusetts [1] is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. Understand your clients strategies and the most pressing issues they are facing. Under the Act, the Executive Office of Energy and Environmental Affairs (EEA) must receive alternatives analyses and consider requests for waivers or modifications of the replacement land requirement or the payment of money in lieu of providing replacement land. Can CPA Fund Private Projects? - Community Preservation Saint-Pierre-et-Miquelon [3] est un archipel franais d'Amrique du Nord situ dans l'ocan Atlantique, au sud-est du golfe du Saint-Laurent, au sud de l'le canadienne de Terre-Neuve (province de Terre-Neuve-et-Labrador).. L'le Saint-Pierre se trouve 19 km au sud-ouest de l'extrmit occidentale de la pninsule de Burin, dans la partie mridionale de Terre-Neuve, Miquelon tant .