0000000760 00000 n Importantly, Article 97 also provides that any lands taken for Article 97 purposes shall not be used for any other. All questions related to the PLPA or Art. 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." 346, 349 (1873)). Private, nonprofit, conservation land is protected by a different and sometimes overlapping set of federal, state, and local laws. Understand your clients strategies and the most pressing issues they are facing. Use this button to show and access all levels. Putting Insurance Companies on Notice. 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. 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. 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. Until the new Constitution was ratified, the country was governed by the Articles of Confederation. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. It created a powerful Governorelected directly by the . 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. 97s language of land "taken or acquired" for conversation purposes. 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." 0000052090 00000 n 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). 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. You skipped the table of contents section. Review your content's performance and reach. Article 97 to the Amendments to the Massachusetts Constitution 7 A. Under the "prior public use" doctrine, land may be deemed to be designated as a public park and protected by art. H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase As COVID-19 Emergency Waivers End, DEA Proposes to Expand Tele- How Employers Need to Prepare for the End of the COVID Public Health USPTO To Transition To Electronically Granted Patents In April 2023, Reductions in Force: Some High-Level Issues To Consider, CMS Streamlines Stark Law Self-Referral Disclosure Protocol (SRDP), The Alice Eligibility Two-Step Dance Continues, FTC is Talking Trash and Zeroing-in on Recyclable Claims, FTC Hosts Forum on Proposed Rule to Ban Noncompete Clauses. 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. 97.6. 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 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. She has significant experience in advising owners, lenders and contractors on both private and public constructionprojects and in drafting and negotiating construction contracts. 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. Articles XI-XX, Amendments to the Massachusetts Constitution. Const. Article 97 of the Amendments to 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. Land Court, Oct. 18, 2017). 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Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. 97 may be enforced by the Department of Environmental Protection (Mass. 97. If you need assistance, please contact the Executive Office of Energy and Environmental Affairs. Article 97 of the Amendments to the Massachusetts Constitution ("Art. Questions? 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. 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. The next generation search tool for finding the right lawyer for you. XLIX) or by a civil action brought by ten or more citizens of the Commonwealth (Citizens Right to Intervene, G.L. See e.g. Art. A group of residents objected and obtained a preliminary injunction suspending the project until the case was resolved. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. In addition to these procedural requisites protecting public lands, specific types of real estate and resources are governed by individual statues. 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. at 615-16). trailer << /Size 31 /Info 13 0 R /Root 16 0 R /Prev 79316 /ID[<8b27b9cafb9fa5bfe7c537cdd9cd2c8b><85b9ad623fecba47854c839ea22f665f>] >> startxref 0 %%EOF 16 0 obj << /Type /Catalog /Pages 12 0 R /Metadata 14 0 R /PageLabels 11 0 R >> endobj 29 0 obj << /S 80 /L 135 /Filter /FlateDecode /Length 30 0 R >> stream 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. Under the "prior public use" doctrine, land may be deemed to be designated as a public park and protected by art. In Smith v. 4 Id. 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. Build a Morning News Brief: Easy, No Clutter, Free! 97 only applies when a change in use is proposed. 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. 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. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy.
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