article 97 massachusetts constitution article 97 massachusetts constitution

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. All rights reserved. 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. The content and links on www.NatLawReview.comare intended for general information purposes only. It is not an attempt to provide legal advice. 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. Article 97 of the Amendments to the Massachusetts Constitution (Art. For example the drinking water filtration that forested lands provide. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. Please let us know how we can improve this page. The Executive Office of Energy and Environmental Affairs also has de facto enforcement powers because it will not support an art. It created a powerful Governorelected directly by the . Keep a step ahead of your key competitors and benchmark against them. Statement in compliance with Texas Rules of Professional Conduct. 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. Art. G.L. A .mass.gov website belongs to an official government organization in Massachusetts. FY_FUNDING : 4 : I : Fiscal year project was completed (EOEEA use only) BOND_ACCT : 10 : C : . The Court held that the property was subject to Article 97 because the city, through its actions, in order for an entity to be autonomous, it is assumed that it enjoys a certain financial autonomy, which, however, must be unitary: municipalities, provinces, metropolitan cities and regions have financial autonomy of revenue and expenditure, and this is done in harmony with the Constitution and according to the principles of coordination of public finance and . 97. The financing of the regions. The closer you look, the worse it seems. 1 Westfield, 478 Mass. Use this button to show and access all levels. 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. 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. The Court explained that there are a variety of ways in which land may be designated as a public park sufficient to invoke art. 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. 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. 6 Ibid. 604 (2013) at 615). 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. However, the Anti-aid Amendment to the Massachusetts Constitution does prohibit the use of public funds to private entities for private purposes.The Amendment reads: ANTI-AID AMENDMENT Mass. Our citizens have a right to the quality of life that clean water and undeveloped open space can provide. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. 0000052090 00000 n The case concerned the Cross Street Playground in Westfield, a 5.3 acre parcel that is home to two baseball fields and a playground. We will use this information to improve this page. 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. 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 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." "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. (quoting Hayden v. Stone, 112 Mass. according to Article 19, 59-32. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. As a member of the Massachusetts Constitutional Convention of 1779, John Adams was the document's principal author. This requires a majority vote of the legislature on a bill filed to authorize any changes of use of public land to inconsistent uses. Until the new Constitution was ratified, the country was governed by the Articles of Confederation. 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. 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. 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 also declares the conservation of natural resources a public purpose and provides that land or easements subject to . In 1998, the EOEEA promulgated its Article 97 Land Disposition Policy. 97 also declares the conservation of natural resources a public purpose and provides that land or easements subject to Art. 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 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. Please limit your input to 500 characters. Cited as a tool to meeting its mission in seven sections. 97 Actions), Waiver/Modification Determinations & Funding in Lieu Findings, (Chap. 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. Executive Office of Energy and Environmental Affairs, contact the Executive Office of Energy and Environmental Affairs. 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." See e.g. 97 shall not be used for other purposes or disposed of without a two-thirds roll call vote of the Legislature. Become your target audiences go-to resource for todays hottest topics. 0000002259 00000 n She has significant experience in advising owners, lenders and contractors on both private and public constructionprojects and in drafting and negotiating construction contracts. See EEA Article 97 Land Disposition Policy, available at http://www. amend. United States Constitution (Count I) and Article 97 of the Massachusetts. Const. The . Attorney Advertising Notice: Prior results do not guarantee a similar outcome. 1 Westfield, 478 Mass. Article 97 of the Amendments to the Massachusetts Constitution. Contact Information. Chapter 132A, The sole issue was whether the land was protected by Art. G.L. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. Land Court, Oct. 18, 2017). 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. This reduces the need for costly state and municipal investments in man-made drinking and storm water filtration infrastructure. 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. Copyright 2006 - 2023 Law Business Research. 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. 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. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers. 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. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Art. Under the Act, the Executive Office of Energy and Environmental Affairs (EEA) must receive alternatives analyses and consider requests for waivers or modifications of the replacement land requirement or the payment of money in lieu of providing replacement land. 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. Copyright 2023 Pierce Atwood LLP. The document took John Adamsyes that John Adamsabout a month to write, and has lasted 236 years and counting. Some page levels are currently hidden. 604 (2013) at 615). It has been a public playground for more than 60 years. An important long-term goal of this mission is, preserving natural infrastructure. If you need assistance, please contact the Executive Office of Energy and Environmental Affairs. Another way is purchasing or accepting the donation of a partial interest in a piece of property. at 49 (citing Mass. In 1979, Westfield received agrant from the federal government under the Land and Water Conservation Fund Act (LWCF), which mandated that [n]o property acquired or developed with assistance under this section shall be converted to other than public outdoor recreation uses without the approval of the U.S. Secretary of the Interior. 97 protection. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). In Smith v. Westfield, the court concluded that parkland protected by Art. 536 Dwight Street 4CnaiEQbO1ZL!H\*2bIcg7a}U6*k.UuTlKY3,(6iV{UzO. 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. 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. 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.". 4 Id. How? In 2011, Westfield proposed to build an elementary school on the parcel. Art. Land protection is a core function of EEA in its mandating legislation, Chapter 21A. In essence, the test requires an examination of how and why the land came to be used as park land. One way to protect land is through "fee simple" acquisition by purchasing or accepting the donation of the entire interest in a piece of property. An earlier common law doctrine is still in effect, the prior use doctrine. (citing Mahajan, 464 Mass. This page is located more than 3 levels deep within a topic. c.214, 3(10). 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. 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 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. Turning to the issue of whether the Cross Street Playground was dedicated by Westfield as a public park entitled to the protections of Art. The SJC acknowledged, however, that it has previously recognized that land may be protected under Art. 0000037476 00000 n 97s language of land "taken or acquired" for conversation purposes. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. A .mass.gov website belongs to an official government organization in Massachusetts. Review your content's performance and reach.