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Earth Night

Article 97 Land Transfers

Because of development, inadequate zoning and land use planning, and the scarcity of open space in many cities and towns, public parks and other lands with natural resource value present tempting targets to developers, school administrations, and cash-strapped cities and towns looking for building sites. The very lack of open space in densely populated communities increases both the vulnerability of a public park and the importance of making sure that it remains a public park.

Despite the intent of Article 97, lands in theory protected by Article 97 are routinely converted to other uses.

In the 2005-2006 legislative sessions there 102 parcels of commonwealth, city, and town lands that were disposed of or subject to a change in control or use. Of these 58, or 60%, were subject to Article 97. In addition there were 21, or another 22% of the total, which are unidentified as to whether they were covered by Article 97. Some likely were, meaning that the Article 97 lands probably made up at least two thirds of the parcels disposed or changed in control or use.

The identified Article 97 land transfers are summarized in the table below.

The purposes of the transactions were varied. In 11 instances the purpose was unspecified. The easements were mostly for utilities (electric, gas, water, sewer) or access. Otherwise the purposes were almost as numerous as the parcels involved (construction of parking lots, housing, schools, memorials, runways, etc.)

In only four, or 7%, of the cases was there replacement land of equivalent acreage, and in 45 instances, or 78%, there was no replacement land of any kind. There were four instances of some payment by way of mitigation.

For the 1999-2004 period a partial list of Article 97 land transfer bills has been provided in a study by the Joint Committee on Local Affairs and Regional Government which showed that in that period 75 bills for transfer of title to municipal land came before that committee and were approved by the legislature. In the great majority, transfer involved loss of forest, park, wetland, field, playground, open space, conservation, well field, or recreational land. In many cases the new use was not public but private.