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Earth Night

Article 97 Lands

The scope of Article 97 is broad.

In his opinion dated June 6, 1973, Attorney General Robert Quinn stated that the types of "natural resources" covered by Article 97 were varied but included "air, water, wetlands, rivers, streams, lakes, ponds, coastal, underground and surface waters, flood plains, seashores, dunes, marine resources, ocean, shellfish and inland fisheries, wild birds including song and insectivorous birds, wild mammals and game, sea and fresh water fish of every description, forests and all uncultivated flora, together with public shade and ornamental trees and shrubs, land soil and soil resources, open spaces, natural areas, and parks and historic districts and sites."

His enumeration of Article 97property types included "parks, monuments, reservations, athletic fields, concert areas, and playgrounds." Further, he stated that other types of land were also subject to the article. "Given the spirit of the Amendment and the duty of the General Court, it would seem prudent to classify lands and easements taken or acquired for specific purposes not found verbatim in Article 97 as nevertheless subject to Article 97 if reasonable doubt exists concerning their actual status." (Massachusetts Opinion of Attorney General. No. 45, 1973).

Application of Article 97 has been both retroactive and prospective. Lands taken or acquired for Article 97 purposes both before and after passage of the amendment are covered.