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. An official website of the Commonwealth of Massachusetts. 0000052090 00000 n XLIX) or by a civil action brought by ten or more citizens of the Commonwealth (Citizens Right to Intervene, G.L. Opinion of the Attorney General 1973. Contact Information. Article 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. 0000002259 00000 n Please use a new browser like Chrome, Firefox, Safari or Microsoft Edge to improve your experience. 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. Article 97 -Massachusetts Constitution MA EOEEA -Article 97 Land Disposition Policy MA 301 CMR 5.07 -Self Help Post-Completion Requirements Code of Federal Regulations -Title 36, Chapter 1, Part 59 * All the text shown is direct language from the laws or regulations, except the last slide which is mine. Top-requested sites to log in to services provided by the state. 3 Id. This requires a majority vote of the legislature on a bill filed to authorize any changes of use of public land to inconsistent uses. 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. See e.g. This became the model for the adoption of the U.S. Constitution. Atty Gen. 139 (1973). Locking Tik Tok? Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. 502, 508-509 (2005). Article 97 - Massachusetts Dirt and Development Law - massdirtlaw.com 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. 97 disposition unless its "no net loss" policy is satisfied. The Massachusetts State Constitution the first to be adopted by Constitutional Convention, and the oldest still-operating document of its kind in the world, was voted on and passed in Cambridge 235 years ago this week. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. As a member of the Massachusetts Constitutional Convention of 1779, John Adams was the document's principal author. Article XLVIII, Amendments to the Massachusetts Constitution. Playground Permanently Dedicated and Used As a Public Park Earns 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. Article 97: Constitution of the Commonwealth of Massachusetts - FIC I. 45 Op. 4CnaiEQbO1ZL!H\*2bIcg7a}U6*k.UuTlKY3,(6iV{UzO. "2 In other words, the Court broadly interpreted art. mass.gov/eea/agencies/mepa/about-mepa/eea-policies/eea-article-97-land-disposition-policy.html (Feb. 19, 1998). Many public lands within municipalities are managed under these laws. 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. 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. 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. 0000037476 00000 n The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. Amendment Article 97 created Article 49 of the constitution itself. An agricultural preservation restriction (APR) is a special type of CR. The Office of Town Counsel Memorandum To: Kara Brewton - Brookline, MA Land protected by Article 97 requires a 2/3 vote of the Legislature before it can be disposed of. The consequences for municipalities are rather serious in that the Disposition Policy specifies that non-compliance leaves the city or town ineligible for grants offered by the EOEEA or its agencies until the municipality has complied. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. The Constitution of the United States: A Transcription Amid new gun laws, here's the true story behind the 'Right to keep and 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. 97. 97.6. See EEA Article 97 Land Disposition Policy, available at http://www. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. Cite the federal constitution by "U.S." or the abbreviated name of the state. 97) establishes a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth. This website may be construed as an advertisement or solicitation and should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege. 0000005740 00000 n 0000000760 00000 n art. A lock icon ( Thank you for your website feedback! of Environmental Protection, 464 Mass. Abbreviated name of Constitution art. 97, the SJC stated: The clear and unequivocal intent to dedicate public land as a public park must be more than simply an intent to use public land as a park temporarily or until a better use has emerged or ripened [r]ather, the intent must be to use the land permanently as a public park. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. This type of deed (to government on conditions in perpetuity) inpresses a kind of trust that the government cannot lightly undo. Articles XXXI-XLVII, Amendments to the Massachusetts Constitution. 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. Land Court, Oct. 18, 2017). U.S. Supreme Court Affirms Decision Expanding Exception to Debtor's Discharge for Fraud of Another, SECURE 2.0 Act of 2022 - What it Means for 403(b) Plans, USPTO Confirms Lizzo's DNA Test and Reverses Refusal to Register "100% That B*tch", H-1B Lottery Season is Here What It Means for You, Best Practices for Massachusetts "Millionaires Tax" Planning in 2023. 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? Article 97 is more famous as containing a Right to a Clean Environment in Massachusetts. Telehealth Update: DEA Issues Long-Awaited Proposed Rule on Prescribing Controlled Navigating the FCC's Universal Service Program: Compliance Requirements for Service Providers, Financial Services: Use of Limitation-of-Liability Clauses in Fiduciary Relationships. Mahajan v. Dep't of Envtl. Prot. :: 2013 :: Massachusetts Supreme When a landowner sells or donates a CR, s/he can continue to live on or work the land - in accordance with the CR's provisions - and can sell the land or pass it on to heirs. MassGIS Data - Protected and Recreational OpenSpace Supreme Court Clarifies the Meaning Salary Basis Under Federal OIRA Calls for Feedback on Recommendations to Encourage More FTCs One-Two Punch on Data Tracking and Health Privacy. 97s language of land "taken or acquired" for conversation purposes. Understand your clients strategies and the most pressing issues they are facing. 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 .