Abbreviated name of Constitution art. The City of Holyoke has issued a regular winter parking ban to be in effect from 5:00pm Friday, March 3, 2023 until further notice. 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. (quoting Hayden v. Stone, 112 Mass. This page is located more than 3 levels deep within a topic. 97 provided that, after the taking or acquisition, it was designated for those purposes in a manner sufficient to invoke the protection of art. 97s language of land "taken or acquired" for conversation purposes. 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. You can read the court's decision HERE News article with map and information HERE The court held that the Cross Street Playground was dedicated as a public park by the city under this standard, and therefore is protected under the prior public use doctrine and art. Cited as a tool to meeting its mission in seven sections. This type of deed (to government on conditions in perpetuity) inpresses a kind of trust that the government cannot lightly undo. 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. Selectmen of Hanson v. Lindsay, 444 Mass. In Smith v. McGregor Legere & Stevens, PC 15 Court Square . The defendants countered that the phrase "other compatible purposes" did not restrict the Towns use of the property to Article 97 purposes. Article 97 of the Amendments to the Massachusetts Constitution, approved and ratified on November 7, 1972, superseded art. For example the drinking water filtration that forested lands provide. at 615-16). 97 only applies when a change in use is proposed. 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. 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. Under Article 97, Massachusetts conservation land can only be sold or conveyed by a two-thirds vote of the House and Senate. It was the first state constitution to be ratified by the people directly rather than by the people's representatives. Ensuring No Net Loss of Protected Open Space. The content and links on www.NatLawReview.comare intended for general information purposes only. 97.6. Constitution (Count II) guaranteeing all state citizens the "right to clean water". Several such bills are filed each year, mostly not controversial, enabling land swaps with state forests or state parks, limited commercial or private activities in municipal parks and forests, transactions with local businesses and local landowners to lease town properties, legalization of encroachments, or releases of conservation restrictions. It prohibits non-agricultural, non-open space use or development of a parcel. 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 protection is a core function of EEA in its mandating legislation, Chapter 21A. 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). The policy provides an extensive internal review process for potential dispositions. My Turn/Youngblood: Our work is not done- From the beginning, the proposed NED pipeline had the classic characteristics of a bad idea. In Smith v. City of Westfield, the SJC expanded the reach of Art. Breaking the Link New Developments on U.S. 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 is intended for general information purposes and as a service to clients and friends of Pierce Atwood LLP. Click here to sign up for city emergency alerts - including community event alerts, Fire Department notifications, law enforcement alerts, general information alerts, and public works notifications. %PDF-1.3 % In addition, there is a statutory basis for ten taxpayers to commence an action with leave of court (or the attorney general) to enforce the terms of conveyance or gift to a municipality, county, or state agency. The bottom line is that many municipal transactions amount to dispositions of public natural resource lands (and easements and interests in real estate). In City of Westfield, the Court departed from that strict rule and held "that land may be protected by art. 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. the purposes set forth in Article 97 of the Amendments to the Massachusetts Constitution, a CONSERVATION RESTRICTION (hereinafter "CR"), in accordance with Massachusetts General Laws, (hereinafter "G.L.") Chapter 184, Sections 31 and 32 and G.L. Its Here The New National Cybersecurity Strategy. 97. Const. 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. 0000002259 00000 n Get engaged and receive the information you need right in your inbox. All rights reserved. Section 24 of the Constitution of the State of Nevada says that "no lottery may be authorized nor may lottery tickets be sold" by state and political subdivisions in the Battle Born State. Article Summary: This policy, issued by the Massachusetts Executive Office of Environmental Affairs in 1998, describes the process and requirements for disposing of, and replacing, conserved land covered by Article 97 of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts. 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. 6 Ibid. Art. 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. 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. Article 97 Land Disposition Policy February 19, 1998 Page 2 of 3 3. as part of the disposition, real estate of equal or greater fair market value or value in use of proposed use, whichever is greater, and significantly greater resource value as determined by EOEA and its agencies, are granted to the disposing 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. 1 Westfield, 478 Mass. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. 4 Id. See EEA Article 97 Land Disposition Policy, available at http://www. None of which is to say that parks are forever immune from change or productive use. Executive Office of Energy and Environmental Affairs, contact the Executive Office of Energy and Environmental Affairs. Michigan PFAS Challenge Arguments Briefed For The Court. 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. according to Article 19, 59-32. 0000000667 00000 n 97 purpose. art. The company thereafter entered into an agreement with the Town to lease the project site on the property. Justice and Commerce Departments Announce Creation of Disruptive United States Department of Justice (DOJ), Biden Executive Order 14091 Strengthens Equity for Federal Agencies. is a registered service mark of the Commonwealth of Massachusetts. Article. The next generation search tool for finding the right lawyer for you. Thank you for your website feedback! Thank you for your website feedback! Const. 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. The so-called super-majority vote requirement is a very significant protection of parklands and open space in particular. 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. 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