Article 97 Prior Public Use Doctrine Real Estate

Mass. SJC adopts “totality of the circumstances” test to determine whether municipal land is held for a specific purpose

March 12, 2024 by Tess Edwards | Leave a Comment

In its recent decision in Carroll v. Select Board of Norwell (pdf), the Massachusetts Supreme Judicial Court (SJC) reaffirmed that where town-owned land is held for a specific purpose, M.G.L. c. 40, § 15A dictates that it cannot be diverted to another inconsistent use until the “board or officer having charge” of the land determines […]

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Article 97 Restrictions

When is a park constitutionally protected parkland? Mass. SJC re-examines test under Article 97

November 8, 2017 by Michelle O'Brien | Leave a Comment

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.  Art. 97 provides, in part, that property “taken or acquired” for conservation […]

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