Suggestions are presented as an open option list only when they are available. 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. In 1972 Massachusetts voters approved Article 97, granting people the right to a clean environment and authorizing the Commonwealth to acquire conservation easements. Thank you for your website feedback! 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." 97. PDF Article 97 Protection After Smith v. City of Westfield When? Article 97 to the Amendments to the Massachusetts Constitution 7 A. This website is maintained by Pierce Atwood LLP. 97). 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. All rights reserved. . 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. This page is located more than 3 levels deep within a topic. Articles XXXI-XLVII, Amendments to the Massachusetts Constitution If municipalities want to keep their options open for non-parkland future uses, they should be cautious in accepting financial assistance for parkland improvements if the monies come with strings attached. 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. McGregor Legere & Stevens, PC 15 Court Square, Suite 660 Boston, MA 02108. 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. Articles XLIX-LX, Amendments to the Massachusetts Constitution. I. "2 In other words, the Court broadly interpreted art. The park was not taken by eminent domain, and no instrument was recorded that would limit its usage to conservation or public recreation. 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. PDF KP-#601210-v2-1-19-2018 The Evolving Interpretation of Article 97 Smith Section number. 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. A .mass.gov website belongs to an official government organization in Massachusetts. United States Bill of Rights - Wikipedia EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. 97 disposition unless its "no net loss" policy is satisfied. 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. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Constitution of Massachusetts (October 25, 1780) - ConSource Selectmen of Hanson v. Lindsay, 444 Mass. Land Court, Oct. 18, 2017). 0000001002 00000 n This is a site offering non-comprehensive commentary. XLIX) or by a civil action brought by ten or more citizens of the Commonwealth (Citizens Right to Intervene, G.L. 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. Art. Licenses for Exports to Are You Ready for the UPC? 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. Const. The financing of the regions 9 - Regions also, pursuant to Article 97 Playground Permanently Dedicated and Used As a Public Park Earns El department de obra publicas de Holyoke esta emitiendo un anucio sobre la prohibicion de estacionamiento 5:00pm Viernes 3 de Marzo 2023 hasta nuevo aviso. Please do not include personal or contact information. Const. FN3. PDF Article XCVII. Article XLIX of the Amendments to the Constitution is hereby 1. Cited as a tool to meeting its mission in seven sections. 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. Atty Gen. 139 (1973). 97 even if not officially taken or acquired, as long as it was designated for an Art. Patty works collaboratively with clients to improve and streamline business processes and develop creative, proactive solutions to legal issues which arise You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. Both need a piece of Article 97 legislation. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. Monday Friday. 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. As a member of the Massachusetts Constitutional Convention of 1779, John Adams was the document's principal author. I. "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. 0000037398 00000 n 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 Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. 604 (2013) at 615). Attorney Advertising Notice: Prior results do not guarantee a similar outcome. PDF Article 97 Disposition policy - Massachusetts Article 97 %PDF-1.3 % at 615-16). 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. 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. Art. 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. at 49 (citing Mass. Fox News - Freedom 96.9 - Oklahoma's Talk Radio If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. ) or https:// means youve safely connected to the official website. It is not offered as or intended to constitute legal advice. 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. Mirkovic v. Guercio, 2017 WL 4681972 (Mass. solely to the Legislature. Conservation Easements, Purchase of Agricultural Conservation Easements. Title Relative to Article 97 of the Amendments to the Constitution of the Commonwealth to be preserved for municipal park and open space purposes located at 6 Green Street and 18A Beckford Street in the City of Gloucester Sponsors Sen. Bruce Tarr [R] Rep. Ann-Margaret Ferrante [D] Roll Calls If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. The journey to ratification, however, was a long and arduous process. 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." Thank you for your website feedback! Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. 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. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. 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. 502, 508-509 (2005). Article 97: Constitution of the Commonwealth of Massachusetts. 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. Mirkovic v. Guercio, 2017 WL 4681972 (Mass. The effect of the SJCs decision on other communities remains to be seen because Art. . 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 (Art. Constitution of Massachusetts (October 25, 1780) Constitution of Massachusetts 1780. Land Court, Oct. 18, 2017). See e.g. Until the new Constitution was ratified, the country was governed by the Articles of Confederation. 97 where it was neither taken by eminent domain nor acquired for any of the purposes set forth in art. To own land "in fee simple" means to have complete ownership of the land, with all the usual rights associated with ownership. Failure to take these extra steps could result in an attempt to enjoin the sale on Article 97 grounds. The Recorder - My Turn/Youngblood: Our work is not done "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. 0000000667 00000 n 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. 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. Any class of property the income from which is taxed under the provisions of this article may be exempted from the imposition and levying of proportional and reasonable assessments, rates and taxes as at present authorized by the constitution. 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, 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. 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. 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.

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