Article 97 to the Amendments to the Massachusetts Constitution 7 A. These include: A near perfect protection for public land comes in the form of a deed in trust. This is the name for an instrument, which is usually a gift, drafted and recorded so as to impress a charitable trust requiring that the property be used forever for a specified stated purpose. Which is mandated by Article 97 of the state constitution. Land protected by Article 97 requires a 2/3 vote of the Legislature before it can be disposed of. In Smith v. Westfield, 478 Mass. A group of residents of the Town appealed the Planning Boards site plan approval to the Zoning Board of Appeals (ZBA), which denied the residents petition to reverse the Planning Boards decision. AG Clamps Down on Local Solar and Battery Storage Moratoria. Appeals Court Rebuffs Mortgagees Novel Bid For Equitable Subrogation, Trustee of Realty Trust Saved from Application of Merger Doctrine (at least for now), Safety Issue Can Be Hardship Justifying A Zoning Variance. 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. c. 92, 33-59 (urban parks and recreation lands). Art. The history of each parcel of protected land must be examined to ensure that each layer . White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. This became the model for the adoption of the U.S. Constitution. ) or https:// means youve safely connected to the official website. Top-requested sites to log in to services provided by the state. How? The Massachusetts Supreme Judicial Court has reinterpreted the test for determining whether municipal parklands are protected by article 97 of the Amendments to the Massachusetts Constitution. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. Part 1 training plans. 97). The Court held that the property was subject to Article 97 because the city, through its actions, The company thereafter entered into an agreement with the Town to lease the project site on the property. A state law requires the approval by the Secretary of EEA on CR's if they are to be permanent. 97 may be enforced by the Department of Environmental Protection (Mass. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 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. Phone: (413) 322-5510 FN4. Hours: 8:30am 4:30pm This page is located more than 3 levels deep within a topic. The next generation search tool for finding the right lawyer for you. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 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.". The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. The City of Westfield's Proposed School 0000037398 00000 n Article 97 of the Amendments to the Massachusetts Constitution (Art. 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. Land Court, Oct. 18, 2017). We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. The case concerned the Cross Street Playground in Westfield, a 5.3 acre parcel that is home to two baseball fields and a playground. The purpose is to ensure no net loss of Article 97 lands under the ownership and control of the Commonwealth and its political subdivisions. EOEEA Article 97 Land Disposition Policy (February 19, 1998). Nonetheless, the decision is likely viewed as avictoryby land conservation groups and others seeking to protect public parkland. 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. Massachusetts Constitution - Article 97: Land Use Policy - City of Holyoke 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 Documents and forms Massachusetts Constitution - Article 97: Land Use Policy art. This reduces the need for costly state and municipal investments in man-made drinking and storm water filtration infrastructure. Constitution of Massachusetts (October 25, 1780) Constitution of Massachusetts 1780. Abbreviated name of Constitution art. The Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. Article 97 of the Amendments to the Massachusetts Constitution (Art. In addition, there is a statutory basis for ten taxpayers to commence an action with leave of court (or the attorney general) to enforce the terms of conveyance or gift to a municipality, county, or state agency. The City of Holyoke has issued a regular winter parking ban to be in effect from 5:00pm Friday, March 3, 2023 until further notice. 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. 0000001654 00000 n 97 protection.3 Land may be so designated by (1) taking by eminent domain for the purposes of conservation or recreation, (2) recordation of a deed restriction, or (3) the doctrine of prior public use.4, Under the "prior public use" doctrine, land may be deemed to be designated as a public park and protected by art. 4) Defendant AR School Committee continues to act in an arbitrary and irrational. None of which is to say that parks are forever immune from change or productive use. The Massachusetts Constitution of 1780written, in large part, by John Adamsserved as a key model. 4 Id. 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. . Dmv.virginiaIf you wish to drive on Virginia streets and roads, you must have a Virginia driver's licence or learner's permit. You can read the court's decision HERE News article with map and information HERE Free Speech Shines Bright, Illuminates Patent Owners Right to Allege California Supreme Court to Address Rounding of Employee Time. 49 of the Amendments, but preserved the right of the people to enjoy the natural resources of the Commonwealth. 97 shall not be used for other purposes or disposed of without a two-thirds roll call vote of the Legislature. Article 97 essentially codifies the public trust doctrine in Massachusetts. 97 disposition unless its "no net loss" policy is satisfied. The Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. Share sensitive information only on official, secure websites. XLIX) or by a civil action brought by ten or more citizens of the Commonwealth (Citizens Right to Intervene, G.L. This is a site offering non-comprehensive commentary. PLPA Portal (Submission of PLPA Documents & Data), Submit Alternatives Analyses and Waiver, Modification, and Funding in Lieu Requests, PLPA Tracker (Access to PLPA Submissions & Decisions), Information on Submissions Received (Proposed Art. 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. A CR (also known as a conservation easement) is a legal agreement between a landowner and a government agency or land trust that permanently protects open space by limiting future uses of the land, usually including the amount and type of development that can take place, but continues to leave the land in private ownership. There have been several important AGO and court opinions since. 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. %PDF-1.3 % 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. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Article 97 in the state Constitution states that, "lands and easements taken or acquired for conservation purposes shall not be used for other purposes or otherwise disposed of without the. The . It was the first state constitution to be ratified by the people directly rather than by the people's representatives. 97), approved and ratified November 7, 1972, declares that we have certain rights to clean air and water, freedom from excessive noise, and to the natural, scenic, historic and esthetic qualities of our environment, and declares The park was not taken by eminent domain, and no instrument was recorded that would limit its usage to conservation or public recreation. In addition, many municipal actions amount to changes in use about such protected properties. (quoting Hayden v. Stone, 112 Mass. 2 Id. Establishing the right to a clean environment for the citizens of . Questions on the use of the PLPA Portal, the application itself, the status of a submission, or the availability of information on PLPA submissions; Policy oriented or substantive questions about Art. The value of the property has been reduced by this process (by prohibiting development), which may lead to tax benefits. 5 Id. 97. Article 97 is more famous as containing a Right to a Clean Environment in Massachusetts. at 615-16). "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. See EEA Article 97 Land Disposition Policy, available at http://www. 0000000760 00000 n amend. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. Article 97: Constitution of the Commonwealth of Massachusetts.
March 11, 2023