When? manner with deliberate indifference, to violate the plaintiff's, grandson's and others' at 49 (citing Mass. Under Article 97, Massachusetts conservation land can only be sold or conveyed by a two-thirds vote of the House and Senate. 45 Op. Therefore, [r]egardless of whether the parcel had been dedicated earlier to a public park, it became so dedicated once the city accepted Federal funds pursuant to this condition.. 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. 0000052090 00000 n of Environmental Protection, 464 Mass. a clear and consistent disposition process that honors the integrity of Article 97 of the Amendments to the Massachusetts Constitution. The City of Westfield's Proposed School 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. The financing of the regions. Every legal situation is different. 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. See EEA Article 97 Land Disposition Policy, available at http://www. To own land "in fee simple" means to have complete ownership of the land, with all the usual rights associated with ownership. 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. Use this button to show and access all levels. 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. This page is located more than 3 levels deep within a topic. Ensuring No Net Loss of Protected Open Space. 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." 97; and, Technical questions around the proper drafting of PLPA legislation. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. 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." Article 97 of Indian Constitution 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. 0000001654 00000 n The document took John Adamsyes that John Adamsabout a month to write, and has lasted 236 years and counting. Thus, the Court, for the first time, considered evidence outside of the propertys title in determining that Article 97 prohibited the change of use. 4 Things Worth Knowing About The Massachusetts Constitution, Which Is
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