article 97 massachusetts constitution article 97 massachusetts constitution

6 Ibid. 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) establishes a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth. Land Court, Oct. 18, 2017). The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. We refer to the provision as art. 2 Id. 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). Ensuring No Net Loss of Protected Open Space. 274 of the Acts of 2022, otherwise known as the Public Lands Preservation Act), All questions related to the PLPA or Art. 49 of the Amendments, but preserved the right of the people to enjoy the natural resources of the Commonwealth. Can Nonprecedential Decisions Be Relied Upon? If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. I. National Law Review, Volume VIII, Number 130, Public Services, Infrastructure, Transportation, How to Donate Cryptocurrency and Other Digital Assets to Charity. 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. In 2011, Westfield proposed to build an elementary school on the parcel. The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. The same passage that earned Freeman her freedom two centuries earlier. 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. 97 by concluding that municipal parkland may be protected even without a recorded restriction, provided the land has been dedicated as a public park. Copyright 2006 - 2023 Law Business Research. A .mass.gov website belongs to an official government organization in Massachusetts. The company thereafter entered into an agreement with the Town to lease the project site on the property. Basic form. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. 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. Thus, the Court, for the first time, considered evidence outside of the propertys title in determining that Article 97 prohibited the change of use. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. Is the parcel protected under article 97 of the Massachusetts Constitution? of Environmental Protection, 464 Mass. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.Website by Azurelink. An important long-term goal of this mission is, preserving natural infrastructure. Article 97 permits changes in use of Article 97 land, but grants jurisdiction over those changes. A state law requires the approval by the Secretary of EEA on CR's if they are to be permanent. This web site is provided for informational purposes only. Art. at 49 (citing Mass. 97 may be enforced by the Department of Environmental Protection (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. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. The Community Preservation Act does not prohibit use of CPA funds for projects on privately-owned property. In City of Westfield, the Court applied these rules to a proposed change, by Westfield, of a public park into a new elementary school. Amendment number in Roman numerals, Section number. Article 97 of the Amendments to the Massachusetts Constitution (Art. It prohibits non-agricultural, non-open space use or development of a parcel. (citing Mahajan, 464 Mass. Article 97: Constitution of the Commonwealth of Massachusetts In 1972 Massachusetts voters approved Article 97, granting people the right to a clean environment and authorizing the Commonwealth to acquire conservation easements. 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. Cited as a tool to meeting its mission in seven sections. Please remove any contact information or personal data from your feedback. Article 97 essentially codifies the public trust doctrine in Massachusetts. solely to the Legislature. Article 97 - Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 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. Article I of the Declaration of Rights. 1999-2022 McGregor Legere & Stevens, PC - All Rights Reserved. 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. Another way is purchasing or accepting the donation of a partial interest in a piece of property. Thus, the Court, for the first time, considered evidence outside of the propertys title in determining that Article 97 prohibited the change of use. Since then we have advised and represented public and private clients about it. In Smith v. Westfield, 478 Mass. We have been familiar with Article 97 since it was formulated for presentation and adoption by the voters. 97 protection. In addition, many municipal actions amount to changes in use about such protected properties. It is intended for general information purposes and as a service to clients and friends of Pierce Atwood LLP. 0000052090 00000 n 97; and, Technical questions around the proper drafting of PLPA legislation. The feedback will only be used for improving the website. 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. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. We will use this information to improve this page. 2 Id. at 615-16). The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. For example the drinking water filtration that forested lands provide. 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 . But the U.S. Natural Gas Act grants pipeline companies the power. A PLPA Portal has also been created to streamline the submission process by providing an online tool for EEA to accept required documents and easily post alternative analyses, facilitating compliance with the PLPAs public notice requirement. (citing Mahajan v. Dept. Articles XXI-XXX, Amendments to the Massachusetts Constitution. 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. . 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. It is the seventh smallest of the U.S. states in terms of total area. 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. Breaking the Link New Developments on U.S. An Article 97 land disposition is defined as a) any transfer or conveyance of ownership or other interests; b) any change in physical or legal control; and c) any change in use, in and to Article 97 land or interests in Article 97 land owned or held by the Commonwealth or its political subdivisions, whether by deed, easement, lease or any other 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 CR is recorded with the property deed, and the terms of the agreement remain in place on the land even if the land changes ownership. 97 also declares the conservation of natural resources a public purpose and provides that land or easements subject to . If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 97). 97 should be sent to. It was in June, way back in 1780, that the Commonwealth of Massachusetts officially ratified its state constitution. Article I. 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. This law, in Title 97, Chapter 29, also includes public drunkenness. Putting Insurance Companies on Notice. c. 92, 33-59 (urban parks and recreation lands). 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.". This sign-off assures there is a public benefit offered by the CR. 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. 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. 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. 97. 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. Understand your clients strategies and the most pressing issues they are facing. 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. An earlier common law doctrine is still in effect, the prior use doctrine. All rights reserved. Failure to take these extra steps could result in an attempt to enjoin the sale on Article 97 grounds. Some page levels are currently hidden. Under Article 97, Massachusetts conservation land can only be sold or conveyed by a two-thirds vote of the House and Senate. 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. Art. 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. 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 and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. . G.L. (citing Mahajan, 464 Mass. 97 also declares the conservation of natural resources a public purpose and provides that land or easements subject to Art. MASSACHUSETTS CONSTITUTION. An important long-term goal of this mission is, preserving natural infrastructure. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. The value of the property has been reduced by this process (by prohibiting development), which may lead to tax benefits. 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 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). All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. 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 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. 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 . 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 1 Westfield, 478 Mass. Conservation Easements, Purchase of Agricultural Conservation Easements. permit for the use of land for the primary purpose of agriculture, Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1 furthers . Importantly, Article 97 also provides that any lands taken for Article 97 purposes shall not be used for any other. 4 Id. On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify it. The journey to ratification, however, was a long and arduous process. The House of Representatives, by H. 6085, has addressed to me several questions regarding Article 97 of the Articles of Amendment to the Constitution of Masachusetts. Please let us know how we can improve this page. G.L. 0000002487 00000 n Please remove any contact information or personal data from your feedback. Please use a new browser like Chrome, Firefox, Safari or Microsoft Edge to improve your experience. 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. Our citizens have a right to the quality of life that clean water and undeveloped open space can provide. Article 97 reaffirmed that view and made it a part of the Massachusetts Constitution. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. 97s language of land "taken or acquired" for conversation purposes. In City of Westfield, the Court departed from that strict rule and held "that land may be protected by art. Any proposed constitutional amendment sponsored by legislators needs the votes of a majority of the 200-member Legislature in the 2021-22 session and the same in the 2023-24 session in order to . Waters of the United States and Winston Churchill. 0000002748 00000 n c. 45, 1-13 (city and town parks); G.L. 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 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. 97 Actions), Waiver/Modification Determinations & Funding in Lieu Findings, (Chap. 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. All questions related to the PLPA or Art. %PDF-1.3 % Please limit your input to 500 characters. Art. An agricultural preservation restriction (APR) is a special type of CR. 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. 502, 508-509 (2005). A lock icon ( Many public lands within municipalities are managed under these laws. This public charitable trust statutory enforcement has been used effectively against many cities and towns. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. "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. Its capital is Boston, the state's most . c. 45, 21 (city and town forests); G.L. Justice and Commerce Departments Announce Creation of Disruptive Technology Strike Justice Department Announces Application Form for Marijuana Pardon Certificates, HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW AVAILABLE to Everyone. The next generation search tool for finding the right lawyer for you. If you need assistance, please contact the Executive Office of Energy and Environmental Affairs. Land Court, Oct. 18, 2017). See e.g. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. Executive Office of Energy and Environmental Affairs, Guidance (Assistance in Understanding & Complying with the PLPA), contact the Executive Office of Energy and Environmental Affairs. Article 97 Article 97 of the Articles of Amendments to the Constitution of the Commonwealth of Massachusetts (Art. 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. 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. "2 In other words, the Court broadly interpreted art. Please do not include personal or contact information. 97 purpose. Finally, Richard . I. Const. This reduces the need for costly state and municipal investments in man-made drinking and storm water filtration infrastructure. a clear and consistent disposition process that honors the integrity of Article 97 of the Amendments to the Massachusetts Constitution. 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. Land Court, Oct. 18, 2017). "2 In other words, the Court broadly interpreted art. amend. In City of Westfield, the Court applied these rules to a proposed change, by Westfield, of a public park into a new elementary school. Article. See EEA Article 97 Land Disposition Policy, available at http://www. They value our experience and track record. 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. 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. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date. 5 Id. amend. 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. The . The bottom line is that many municipal transactions amount to dispositions of public natural resource lands (and easements and interests in real estate). 97.6. 97) establishes a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth. Abbreviated name of Constitution art. 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. Use this button to show and access all levels. 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. 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. "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. Article 97 is more famous as containing a Right to a Clean Environment in Massachusetts. It was the first state constitution to be ratified by the people directly rather than by the people's representatives. 5 Id. 97 disposition unless its "no net loss" policy is satisfied. None of which is to say that parks are forever immune from change or productive use. XLIX). 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. Art. It created a powerful Governorelected directly by the . 97. 0000002709 00000 n Some page levels are currently hidden. Failure to take these extra steps could result in an attempt to enjoin the sale on Article 97 grounds. Keep a step ahead of your key competitors and benchmark against them. 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. 1. 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.